Legal Question in Wills and Trusts in District of Columbia
RE: Will or Durable Power of Attorney
My brother has six children, has never been married however lives in DC with a girlfriend for over 6 years. He wants his girlfriend and I to handle his money upon his death. What forms do we need to purchase to do this. Can it be more than one exectuor?
2 Answers from Attorneys
Re: RE: Will or Durable Power of Attorney
A will is for after death, a power of attorney is only for things that need to be done during life.
It is not recommended to have two executors, but it is not against the law.
Re: RE: Will or Durable Power of Attorney
Since common law marriage is still apparently recognized in DC, it may be that under DC law your brother's girl friend may in fact be legally his wife at the time of his demise.
POA's (Powers of Attorney) cease to be effective upon the death of the subject person.
Given the foregoing considerations, it would seem advisable for your brother to arrange for a consultation with an attorney who is knowledgeable and experienced with DC wills and probate matters and who should be able to advise him in regard to the various issues which you've referenced in your question.
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