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Can a person who has been named executor of an estate issue a power of attorney to another person to act in their behalf in the matters of the deceased's estate?
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoNo. The deed should be executed by the executor. The executor must be court appointed and have the authority to convey the real estate.
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Who is responsible for a will if executors have died?
The court will appoint someone as executor. They often use a bank or attorney to handle the matters.
When an elderly has been declared incompetent dementia can the change the executor?
It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.
How can the wife of a deceased person obtain a power of attorney to execute some important estate matters?
A power of attorney represents a living person, so that won't work. You need to apply to the probate court to be appointed executor of the estate.
What is another elected state offcial who takes care of legal matters?
The Attorney General
Is there a conflict of interest when Executor is also a beneficiary and has Power of Attorney for another beneficiary?
Their shouldn't be a conflict of interest as long as the executor maintains detailed records and settles the estate according to the terms of the will and the state probate laws. As long as the executor doesn't do anything that's questionable (regarding the principal under the POA) there shouldn't be a problem. On the other hand and if possible, in the matters of the estate the principal could sign any court documents for themselves rather than having them signed by the attorney-in-fact under the POA. That would remove the possibility of doubt.
If an inmate signs over power of attorney to a nephew can the power of attorney cash a government check issued to the inmate?
Yes, but you'll need to bring the power of attorney form and proof of who you are to the bank. If the teller doesn't know what a power of attorney is then all you have to do is get the manager. They always deal with power of attorney agents, and know what the form gives you authority to do, which is act on the behalf of the executor in all financial matters, except matters specifically stated in the form that the agent can't handle.
If one joint power of attorney refuses to participate in the handling of the estate what can the other do to take care of the estate matters that are at a standstill?
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
What is the attorney general in charge of?
An attorney general basically has control and supervision over all legal matters in the state they work in. Another duty of the attorney general is to represent the public interest.
Why is the phrase attorney at law used?
An attorney-at-law is a person with a law degree that represents people in legal matters. There is another kind of attorney, though. An attorney-in-fact is someone who is granted power of attorney with respect to another person's affairs. An attorney-in-fact is not necessarily a lawyer, just a person who is empowered to make decisions for someone else.
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal. An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
If you consulted with an attorney and your mother hired him for matters against you is that misconduct?
That attorney has a conflict of interest.
Power of atterney?
A power of attorney is the written authorization that is given to a person so they can legally make decisions for another person. The person with the power of attorney can make decisions including legal and financial matters.
