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You are an executor of a will can you transfer this to your sister through power of attorney?
Suz150
Next, you are not the executor until you have been duly appointed by a court. Only a court can appoint an executor. If you don't want to take on the job of executor then when the will is filed for probate your sister can petition to be apponted the executor and you can file a declination at that time.
An executor cannot assign their powers to someone else via a power of attorney document.
Wiki User
∙ 15y ago
Wiki User
∙ 10y agoIt depends. Is the sister who wants to change the will the same person who made the will and who gave her sister a power of attorney? If you are the person who made the will and gave power of attorney to your sister, you can revoke the power of attorney, if you wish, and make a new will, or add a codicil to the will you already made, though it might be easier to simply make a new will, especially if your sister is holding the will and will not return it to you. It is not necessary to revoke the power of attorney unless you want to, in order to make a new will. I assume (there's not much information to go on in your question) that there is conflict between you and your sister. Assuming you are still mentally competent, you certainly can revoke your power of attorney and make a new will, even if your sister has physical custody of the earlier documents and will not return them. Your new will and your revocation of your power of attorney will nullify any documents your sister has in her possession.
IF, however, you are not the person who made the will and power of attorney, you will not be able to rewrite it.
Wiki User
∙ 16y agoPower of attorney does not enable her to change the will. A will is one of the things that can only be changed by the testator. They cannot authorize someone else to change their will for them, they still have to sign it in front of witnesses. You may want to consider hiring an attorney if this has happened to you!
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What should you do with your sister that has power of attorney and executor of the will?
A Power of attorney expires immediately upon the death of the principal. If your parent has died the POA is no longer in effect. If your parent left a will naming your sister as the executor the will must be submitted to the probate court. The court will review the will to determine if it is valid under state laws. If it is allowed then your sister will be appointed the executor if no other person objects to the appointment. Once she has been appointed by the court as executor your sister will have the authority to settle the estate according to the provisions set forth in the will, according to the state probate laws and under the supervision of the probate court.
Can a co-independent executor lease a property by themselves?
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
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.
Your sister was named executrix of fathers estate with you as alternate can sister refuse to be executrix?
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
What if your sister has power of attorney for your dadcan she add her name to deed?
Your sister's actions could be viewed as self-dealing if you decide to sue her after your father's death. However, if your father wants to transfer his property to himself and his daughter, and he is legally capable of making such a decision, then he has the right to do so. The transfer should be done through an attorney. The fact that your sister is making that type of change in ownership of your father's property, if not done at his informed request, may indicate there should be someone else involved who can review her actions as attorney-in-fact.
My sister was the executor she paid nothing spent several thousand didnt talk to me I had to hire an att to get her bring the estate to probate now im in preforeclosure what can i do?
Ask your attorney to sue her.
If I am the sole executor of my mothers' will does my sister who has power of attorney have to turn my mother's assets over to me?
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.
Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
Can my sister as the executor be a beneficiary?
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
Can you cash bonds if sister named executor?
Only the executor has the authority to liquidate assets of the estate.
Your brother was awarded power of attorney of your dads estate He refuses to discuss any financial issues with your sister and you what is the money being spent on can we see bank statements?
Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.
Does the executor get a fee on an IRA that was left to beneficiaries herself and her sister?
The IRA is usually treated seperately from the total Estate if there is no Power of Attorney on the documents so it's highly unlikely that the executor would get a percentage unless the heirs agree to it. * No. In the US, the executor or administrator of an estate is only entitled to the percentage allowed by the laws of the state probate court.
