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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 If your parent has died the POA is no longer in effect.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.
What else can I help you with?
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.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
Is an executor the same as a power of attorney?
No, an executor and a power of attorney are not the same. An executor is responsible for managing a deceased person's estate, while a power of attorney is appointed to make decisions on behalf of someone who is alive but unable to do so themselves.
What happens if the person granted power of attorney as well as executor dies before the grantee?
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
How do you hire a professional executor and power of attorney?
You should consult with an attorney who specializes in estate planning and probate who can review your situation and explain your options.
Can you be a power of attorney and executor for your father?
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.
Can the person who is the executor of an estate and has power of attorney CHANGE a will?
The power of attorney cannot change the will. That is not legally allowed.
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
Can a granddaugther be head of estate if she was already the power of attorney?
Anyone can serve as executor. The Power of Attorney died with the grantor.
