Legal Question in Wills and Trusts in New Jersey
Will a Power of Attorney effectively transfer an Executorship? My grandparents passed away recently and my mother was named as the executor. She does not want to do all the legwork associated with that responsibility and wants to grant my sister POA rights. Will that allow my sister to handle all the affairs of my grandparents estate?
3 Answers from Attorneys
No. The power of attorney your mother signed has nothing to do with her role as executor of her parent's estates.
If your mother does not want to act as executor, then you will need to look at your grandparent's Wills to determine if there is an alternate executor named. If so, that person will have the right to act as executor if your mother wishes to renounce.
No. You need to look at the Will and it should say who becomes Executor if your mother refuses to take the job.
You could take it to a lawyer and get some help with this. That would be smart.
I agree with the other authors. If no successor is named, you need to apply to the Court to appoint a succssor. The role of an Executor cannot be delegated to someone not named in the Will unless language in the Will permits it. If you can send me a copy of the Will, I can review it and respond better.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
