Legal Question in Wills and Trusts in New Mexico
Co-executors of will
My father's will names me and my brother as co-executors. A few weeks prior to his death, my father gave my brother power of attorney. It is my understanding that as co-executors my brother and I will have equal responsibility for settling the estate. My brother has already acted as if he will make all the decisions and continues to use his power of attorney. As co-executor, what are my responsibilities and what can my brother do without my consent? Is my brother still able to access my father's financial accounts without me? Also, my brother and I live near Houston, TX but my father lived in New Mexico and owned a house there. However, he passed away in Texas. Does this situation create any additional problems that I should be aware of?
1 Answer from Attorneys
Re: Co-executors of will
The power of attorney is only valid during the grantor's lifetime. Thus, it is now invalid. Anyone relying on the power of attorney does so at his or her peril. Your brother cannot do anything without your consent, since you are co-executor, unless you allow him to do so. If he is acting without authorization, you should notify the court. Since your father's domicile was in NM, his will should be probated there. You should probably contact an attorney in the county of your father's residence.
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