Can a power of attorney designate themselves the executor of their mother's will?
They can apply to be executor. The court will appoint them unless someone objects, in which case they will appoint a neutral party.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
Whomever applies to the court to replace him.
some places pick who the executor of her estate is or the family does or she said this while alive Birth certificate. Other family testimony. You should consult a probate attorney.
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
If I am the sole executor of my mothers' will does my sister who has power of attorney have to turn my mother's assets over to me?
Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.
Then someone else is and must follow the wishes of the deceased.
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
If your the executor of a will and you find the bank account has Pay upon death on it and it is not the executor who pays taxes on that?
I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
Your sister is executor of my mothers will Do you have a legal right to see the will before your mother dies?
No. You have no right to a living person's will.
The executor is required to provide a full accounting of the estate to the probate court. It is a matter of public record. You should be able to get a copy from the court.
You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
You are not personally responsible for them, they will be paid from her estate. It is your responsibility to see that is done.
Does a daughter have to be informed by the executor of a will that she has been written out of her mothers will?
It would make sense that the executor should do so. Otherwise they are very likely to have the will challenged in court. That does not mean that the daughter will get to inherit anything, but the estate will be diminished if it has to undergo legal challenge.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken?
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
As an executor of my mothers will can I use her direct express cards to pay her bills.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken to change executor when your mother dies?
There is a form that is submitted to the court with the will to request a letter of authority. It can recommend who wishes to be the executor. In most cases, unless there is controversy, the court will appoint that person. Otherwise the court will appoint a neutral party.
I have the power of Attorney for my mothers real estate and she died do I still have power of attorney?
A power of attorney terminates when the principal dies. You need to petition the probate court to be appointed the representative of her estate.
The executor can have them leave or ask them to pay rent. It is their responsibility to keep the estate intact.
Does a co exectuator of your mothers estate have the right to a copy of her will before she is dead?
No one has a 'right' to a person's will prior to their death. However, the testator should let the named executor know where the will can be found so that it can be retrieved by the executor and filed in probate after the testator's death.
No, the chicks do that themselves.
Apply to the probate court using the correct forms. They will issue a letter of authority allowing you to represent the estate.
Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?
If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.
Infants born to drug addicted mothers tend to be drug addicted themselves. Mothers should not become pregnant when they are actively using drugs.
Are you liable as executor of your mothers estate to a loan she made to your brother 3 years before she died?
If there is written evidence of the loan and your mother didn't cancel it in her will then it may be an issue. If there are other beneficiaries who will all share in the estate the loan amount should come out of your brother's share unless the other heirs agree voluntarily to cancel the debt. You should seek advice from the attorney who is handling the estate.
It depends on the specific type of wedding. If the mothers are young, they shouldn't make themselves look "old."
No, you cannot. To do so would be fraud and theft.
Step-parents have no inherent rights. You should consult with an attorney.
You would be the executor if you were appointed as such by the probate court. Simply being nominated in a Will isn't sufficient. It means that you are the person who is charged with the fiduciary duty to classify and pay debts, file appropriate tax returns, and ensure that assets get distributed to the beneficiaries under the Will.
If my mother had a judgment against me and now she is deceased and you are the executor does the judgment have to be paid?
Executors do have certain powers/abilities. The naming of an executor for my mothers will almost tore our family up. A brother-in-law was asking the lawyer about the 15% rule in KY. Needless to say, my sister was not named executor. Given my experience, I would say you wouldn't have to pay, but if your siblings (or other beneficiaries) were aware of the judgement, they could sue.
If your mothers' house is in probate after her death can the executor stop you having access to her property?
Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property until assets have been properly accounted for and debts have been paid.
Mainly by staying close to their mothers.
Speaking to an attorney is one option for mothers who wish to fight the Oklahoma DHS system. Some lawyers will work for a reduced fee or on a sliding scale.
There are none unless it's stated in a will, and or the senior sibling has power of attorney.
because, in nature, animals have like... mothers? and the mothers protect their young until they're old enough to look after themselves..i guess.
Because their mothers don't take care of them. They have to fend for themselves.
You should consult with an attorney who can review your situation and explain your rights and options. There are several recent stories in the news about mothers in the military losing custody of their children. Explore that possibility ahead of time. You should consult with an attorney who can review your situation and explain your rights and options. There are several recent stories in the news about mothers in the military losing custody of their… Read More
my mothers will was filed in spokane Washington around 1984 and I DONT KNOW WITCH ATTORNEY FILED IT FOR HER HOW CAN I FIND OUT.
Not nearly enough info to answer question. Did your sister deplete your mother's estate prior to your mother's death? Did she have "power of attorney" to do so? Was your sister named as the Executor of the estate? For what did she spend the money and under what circumstances? (e.g.: Executors have broad discretion to disburse the estate of the deceased to pay all the outstanding bills and debts of the deceased.) Was the will… Read More
What are the consequences of selling your mothers house which is becoming a financial burden as deeded owners with a life estate in place while she is still living but in a nursing home and you are th?
Do you have Power of Attorney for her? If not, consult a real estate attorney. Something can be worked out.
No. Mouse mothers produce milk, but do not consume it themselves. Mice do not cook.
Kangaroos are a little over twelve months old when they leave their mothers permanently.
Most mammal mothers stay with their young after they're born because the young are dependent upon the female for mothers' milk. This milk equips them with all the nutrients they require until the young are able to fend for themselves.
As sole executor of mothers will do I have the final say regarding the sale of her house i have a brother and sister who will be entitled to one third of the sale?
SALE? Sale is the amount of money received by a firm by delivery of Goods/product.it is known as sale
If you mother is of sound mind and can speak for herself then tell her you don't want to be Power of Attorney. If your mother can't speak for herself and there is another capable person to carry out this duty then change it through a lawyer.
Your sister has your mothers power of attorney your mother has since been diagnosed with alzheimers your sister is now suffering from the same thing that your mother has how can you take over?
You will need to see an attorney, have you sister diagnosed by qualified medical professionals, and seek the assistance of the courts.
Katherine Bonser has written: 'A qualitative study of mothers' perceptions of themselves and their children'