Our daughter is currently designated as the Executor of both mine and my wife's will. However due to some negative personal exchanges between her and my wife and I, we are unsure that she would handle the disbursement of assets in the event of our mental incapacitation in a fair manner to ensure that our grand children are taken care of. Is it possible to name our granddaughter as the Executor through a Durable Power of Attorney to handle our affairs in the event of both of us becoming mentally and/or physically incapacitated. Or would it be simpler to just designate our Grand Daughter as the Executor of our wills?
1 Answer from Attorneys
If your granddaughter is over 18 and you trust her then name her as attorney in fact under your durable power of attorney and/or Executrix or Successor Trustee will and trust.