Can you be a power of attorney and executor for your father?

Answer 1

Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.

Answer 2

A testator can nominate an executor in her will. When the testator dies the will must be presented to probate court. If the will is allowed by the court the named executor will be appointed. An agent under a Power of Attorney does not have the authority to make a will for the principal. Your mother should have her will drafted by an attorney and then sign it herself.

Answer 3

An executor isn't official until they have been appointed by the probate court.

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated. You should ask the attorney who is handling the estate.

An executor of a will cannot give a Power of Attorney to another person regarding his responsibilities under the will. If the executor dies while in office the court must appoint a replacement.

Answer 4

You may appoint anyone who is of legal capacity as your attorney-in-fact under a power of attorney while you are living. A Power of Attorney is extinguished immediately upon the death of the principal. You may name an executor when you write your Last Will and Testament. The named executor must be appointed by the court after your death and they will have the authority to settle your estate.

Answer 5

Yes. If he is legally competent your father can execute a Durable Power of Attorney while he is living, naming you as his attorney-in-fact. He can also execute a will naming you as executor.

The POA expires upon his death. At that time the will must be submitted for probate and the probate court will officially appoint you as the executor. As executor you will have the authority to settle his estate according to the provisions in his will and the state laws.

You should consult with an attorney who specializes in probate, who can review your situation and make certain both instruments are properly drafted and executed for your jurisdiction.

Answer 6

No. An executor must be appointed by the court in order to have the authority to settle the estate. If the named executor doesn't want the responsibility she should decline and allow another heir to petition for appointment. In some states the executor can appoint an agent through a filing with the court but that is done when the executor lives a distance from the court. The executor cannot assign her authority through a power of attorney. You should consult with an attorney in your area who specializes in probate law.

Answer 7

They can apply to be executor. The court will appoint them unless someone objects, in which case they will appoint a neutral party.