Legal Question in Wills and Trusts in Missouri
wills, poa financial,
My cousin died 8-8-08 and I have his will where he left my parents/ either or as executors, my father is in the hospital dying as we speak from renal failure, and my husband is his financial power of attorney now, the question is, in this will of my cousin, would that make my husband the said executor since my father is incompacitated and his financial poa has become active? My mother passed away last year, and with my father dying and my husband caring for his finances, I was wondering if he were going to have to be the one to execute the estate of my cousin too? Thanks
1 Answer from Attorneys
Re: wills, poa financial,
It may be possible for your husband to become the personal representative (executor) of your cousin's estate. But, it would have nothing to do with the poa from your father. He cannot be the PR by proxy. He would have to apply for letters of appointment to the probate court, the same as any other person seeking to be the PR.
Good Luck
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