Q: My parents named my brother executor of their will. He now was dementia/daughter has poa. Is she now executor?
Parents will and brother's will and poa all filled in same county. I'm worried she will have control of my parents will. It is just my brother and myself.
A: Are your parents alive? An executor/PR has no authority to act until the person whose will appoints them has died, and an estate is opened. Once that happens, if the named PR is or becomes incompetent, then whomever the will names as successor or alternate PR takes over. If there is no successor named, then any “interested” person may petition to be appointed PR. Those closest in legal relationship to the decedent have priority to be named over others of lesser relationship. If your brother’s daughter has POA over your brother, that does not give her the power to act as PR on his behalf. Only the will governs that, or in the absence of a will provision, the Court follows the statutory procedure for appointment. You have priority of appointment over your niece to act as PR of your parent’s estate, in the event your brother is not able to act and the will does not name anyone else to act.
A: If someone is appointed as Personal Representative (PR) and they cannot do the job for whatever reason, the next person in line is whomever the Will names as successor PR. The job doesn't pass to anyone managing the PR's own affairs. If there is no successor named in a will, Maryland law gives an order of priority for other relatives to petition for the job.
While not legal advice, I hope this general information offers some help.
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