Power of Attorney
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.
1 Answer from Attorneys
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: firstname.lastname@example.org
Related Questions & Answers
Mineral Rights Texaco has been pumping oil from our property for years. We are not... Asked 3/21/09, 8:39 pm in United States Illinois Probate, Trusts, Wills & Estates
Breaking a Will Under what circumstances can a Last Will be broken in Illinois? A... Asked 3/21/09, 8:38 pm in United States Illinois Probate, Trusts, Wills & Estates
Heir Entitlement As an heir, am I entitled to monetary rewards or any other legal... Asked 3/20/09, 8:47 pm in United States Illinois Probate, Trusts, Wills & Estates
Disputing a will What is needed for adult children to dispute a will that states... Asked 3/19/09, 3:18 pm in United States Illinois Probate, Trusts, Wills & Estates
Notarizing a Will My mother passed away three weeks ago and left a Will. I was... Asked 3/19/09, 2:18 pm in United States Illinois Probate, Trusts, Wills & Estates