Legal Question in Family Law in Missouri
My brother was injured in a car accident. He suffered traumatic brain injury and he is unable to take care of himself at this moment. I hope that this changes in the future. My question is how to become his dual executor and is it possible to do this together with my dad? After he is discharged he will live in my dad's house, but I don't trust his wife and all I want to do is keep eye on how they hadle his finances. The problem is I don't know what to do, how to do it and what type of lawyer I need to contact to help me with this matter. I was also wondering if the lawyer that handles his case can do it or not? She deals with injuries from semi trucks.
1 Answer from Attorneys
The matter you described is a probate issue. You need a probae or estate planning attorney. You can't be his executor while he is alive. It is not unheard of for two family members to act as conm-conservators, or co-guardians. If your brother is married it may be dificult to get appointed as his guardian or conservator.
Unless your brother made adesignation b efore he was injured, or he has not opost capacity, it might be unethical for the attonrey represneting him in the personal injury case, to represnt you in alleging that your brother is incapacitated and/or incompetent. If he is not incapacitated, he may be able to appoint you and or your father as his attorneys in fact or custodian. A power of attorney appointment may be able to withstand the protest of his wife.
good luck
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