If your mom has died the Power of Attorney has expired. If she left a will and named you as the executor the will must be probated. When a will is submitted for probate the court examines it and decides if it is technically valid. If there are no objections then the court allows the will, appoints the executor and issues Letters Testamentary to the executor. Those letters are your legal proof that you can act on behalf of the estate. Your position is not official until you have been duly appointed by the court. The estate must be probated in order for the title to real property to pass to the heirs. If you have some legal background, perhaps as a paralegal, and think you have enough knowledge of law and the court process, you can try to do it without a lawyer. However, you must follow the provisions of the law to the letter. If you have no legal experience, it would be better to hire an attorney.
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.
You should return to the attorney who drafted your Will. You can execute a Codicil, written in the same form as a Will, that will strike the name of the personal representative named in the Will and substitute your new choice. The Codicil should be attached to the original Will.
If the teen inventor happens to be in New Jersey, there is a well-known business attorney there named John Ritter. He specializes in assisting teens with their inventions.
If you already have a named executor, there is no need for a lawyer.
G. Randolph Rice Jr. is a criminal defense lawyer in Baltimore, Maryland. He has been named by CitySpur as one of the top 10 best Criminal Defense, DUI, DWI Attorneys in Baltimore.
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That is allowable if it is a general power of attorney. Or if that is specifically named in the documents.
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Once you have completed the Power of Attorney, you should give the original to whomever you named as the power of attorney (attorney-in-fact) and keep a copy for yourself.
To find out if you have been named in a will, you can ask the executor of the will for a copy. If the person who created the will has passed away, the will may be filed with the probate court where it can be viewed. Alternatively, you can hire an attorney to help you locate and obtain a copy of the will.
First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.