No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
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.
Whomever applies to the court to replace him.
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.
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.
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
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.
Then someone else is and must follow the wishes of the deceased.
brother
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.
Yes. However, an attorney must be consulted in order to get the child's custody to be legally under the child's two mothers. Without consulting an attorney, the child will belong to the mother who birthed the child and the brother who provided the sperm.
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