Legal Question in Wills and Trusts in Minnesota
Executor vs. Power of Attorney????
My Dad made his brother executor and
me, his daughter, power of attorney,
for my dad and mom. My uncle is trying
to take over the estate. Can he do this
or does my P.O.A. trump his
executorship?
2 Answers from Attorneys
Re: Executor vs. Power of Attorney????
I assume that your father is deceased. If so, you no longer have a valid power of attorney. That POA terminates on the grantor's death. To assume control over your father's estate, you would have to challenge your father's brother at the probate proceedings and ask to be appointed his personal representative instead of his brother. Dennis
Re: Executor vs. Power of Attorney????
Powers of attorney control when the person who has given it is alive; executors take over after death.
So the most important factor, which I can't tell from your question, is whether they are alive or dead.
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