Illinois  |  Wills and Trusts

Legal Question

Asked on: 3/22/09, 8:29 am

Power of Attorney

Hello

My brother has Power of Attorney for our mothers health care and financial needs. I am the executor of her trust. The will states if he dies or becomes incapable of performing his duties then I am supposed to take over. He has small cell cancer and he has about 2 months to liveand my mother is incapable of making any decision. I am under the impression that when he dies all I need to take over is a copy of the will and his death certificate. If we need to transfer his power of attorney before he dies what do we have to do? My mother and brother both live in Rockford IL, and I live in Las Vegas NV.

Rick Hecker

1 Answer


Answered on: 3/22/09, 1:02 pm by Adam Tracy

Re: Power of Attorney

Thank you for your question. Sorry to hear about the predicament you find yourself in.

The power of attorney will extinguish upon your brother's death or incapability to perform. If you are the executor of her estate under the will and the trustee of the trust, it should be a moot point. Are you, in fact, the trustee of the trust and the named executor?

Please feel free to email me: at@tracyfirm.com


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


The Tracy Firm, Ltd. 800 W. Fifth Ave., Suite 201A Naperville, IL 60540

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search