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Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoA testator can nominate an executor in her will. When the testator dies the will must be presented to probate court. If the will is allowed by the court the named executor will be appointed. An agent under a Power of Attorney does not have the authority to make a will for the principal. Your mother should have her will drafted by an attorney and then sign it herself.
Wiki User
∙ 14y agoAn executor isn't official until they have been appointed by the probate court.
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated. You should ask the attorney who is handling the estate.
An executor of a will cannot give a Power of Attorney to another person regarding his responsibilities under the will. If the executor dies while in office the court must appoint a replacement.
Wiki User
∙ 14y agoYou may appoint anyone who is of legal capacity as your attorney-in-fact under a power of attorney while you are living. A Power of Attorney is extinguished immediately upon the death of the principal. You may name an executor when you write your Last Will and Testament. The named executor must be appointed by the court after your death and they will have the authority to settle your estate.
Wiki User
∙ 13y agoYes. If he is legally competent your father can execute a Durable Power of Attorney while he is living, naming you as his attorney-in-fact. He can also execute a will naming you as executor.
The POA expires upon his death. At that time the will must be submitted for probate and the probate court will officially appoint you as the executor. As executor you will have the authority to settle his estate according to the provisions in his will and the state laws.
You should consult with an attorney who specializes in probate, who can review your situation and make certain both instruments are properly drafted and executed for your jurisdiction.
Wiki User
∙ 13y agoNo. An executor must be appointed by the court in order to have the authority to settle the estate. If the named executor doesn't want the responsibility she should decline and allow another heir to petition for appointment. In some states the executor can appoint an agent through a filing with the court but that is done when the executor lives a distance from the court. The executor cannot assign her authority through a power of attorney. You should consult with an attorney in your area who specializes in probate law.
Wiki User
∙ 11y agoThey can apply to be executor. The court will appoint them unless someone objects, in which case they will appoint a neutral party.
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My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
My mother died. now my brother needs to get power of attorney so he can handle mortgage issues on behalf of my father?
Your father can grant him a power of attorney. If he needs to represent the estate, he needs to be appoint executor by the probate court.
In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
How can one get an accounting of monies in my father's estate when my brother is power of attorney and executor and one believes he stole from estate?
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
Can the person who is the executor of an estate and has power of attorney CHANGE a will?
The power of attorney cannot change the will. That is not legally allowed.
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
Can you get a power of attorney after death?
A power of attorney only represents a living person. After their death, the court appoints an executor.
Can a granddaugther be head of estate if she was already the power of attorney?
Anyone can serve as executor. The Power of Attorney died with the grantor.
Why need a will and not a power of attorney?
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
