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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.

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Q: My mom had a will and I was named personal rep and power of attorney do I need a lawyer to take care of business?
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Is it common for the lawyer to be executor of a will?

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