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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.
What else can I help you with?
Can you cash bonds if sister named executor?
Only the executor has the authority to liquidate assets of the estate.
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.
You are an executor of a will can you transfer this to your sister through power of attorney?
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.
Can your sister who is the executor distribute your mom's money whenever probate is over?
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
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.
Your sister has power of attorney for your mom and your mom has passed. Your sister is not in good health. How do you revoke her power of attorney to be with yourself or your brother?
A POA automatically becomes null and void at the death of the grantor. The deceased person's estate (assets and liabilities) are then under the jurisdiction of the probate court in which the deceased resided upon death. If no executor was named in the deceased's wil or no valid will exist, interested parties can file with the probate court to be appointed executor and/or the court can appoint someone if there are no 'suitable candidates' for the position.
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 power of attorney cash draw my sister's bank account?
An attorney-in-fact under a Power of Attorney has complete access to the principal's assets including bank accounts.
Your sister has your mothers power of attorney your mother has since been diagnosed with alzheimers your sister is now suffering from the same thing that your mother has how can you take over?
You will need to see an attorney, have you sister diagnosed by qualified medical professionals, and seek the assistance of the courts.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken?
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
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.
Can my sister treat my deceased mom s accounts as her piggy bank and ignore the Will?
No. She would be violating law- stealing the assets of the estate. Someone must submit the Will to the Probate court and petition to be appointed the executor. Once appointed, the executor is the only person who can access and take charge of the assets of the decedent. They will have the authority to distribute the assets according to the provisions in the Will after the decedents debts have been paid.
