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In California can the executor be changed on a will with a notarized handwritten note without going through the original attorney who drew it up?
Wiki User
∙ 10y ago
The same requirements needed for the will need to be met. It does not require the same attorney, just the proper witnesses.
Wiki User
∙ 10y ago
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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.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.
Can your attorney friend be your will executor?
Yes, an attorney is often used as executor. The court will often appoint an attorney if no one else is available.
If my mother's attorney prepared her will signed the will notarized the will and made himself co-executor is this legal?
Only if it was done at her request, and has her signature on it, as well. If she did not sign it after he put all the info in it, acknowledging him as co-executor, etc., then I don't think it is legal. And if he did it on his own, she needs to revoke the will in writing (her own hand writing - not typed), date and sign it in front of a notary. Then she needs to get another attorney.
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.
Can an attorney in Texas who drafts a will be appointed executor in the will?
It is common for an attorney to be appointed executor. Other choices are banks or the court can appoint someone.
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.
What happens if the executor listed in the will can not be found?
The court will appoint an executor. That is often an attorney or a bank.
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.
Can an attorney appoint themsevses as executor of a will?
No, an attorney cannot appoint themselves as executor. The court makes the appointment.
Do you have to be present when made as the executor of an estate?
No, you do not have to be present when appointed executor. The court will provide a letter of authority. This is often handled by the attorney advising the executor.
Is it common for ones attorney to be executor of ones will?
Yes.
