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.
Cedulie Renee Laumann and Nina Whitehurst agree with this answer
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
