Legal Question in Wills and Trusts in New York

Can Executor Give Me Power of Attorney to Handle Estate?

My Husband is the Executor of his Mother's Estate. He and his niece each get 50%. The estate has some issues/complications that are over my husband's knowledge base-he gets overwhelmed and does nothing. I have been managing the estate for 1.5 years but he would like me to now step in and handle the complicated issues. I am open to doing this. Can I get a Power of Attorney from the Executor and handle the estate?


Asked on 2/21/08, 2:58 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Can Executor Give Me Power of Attorney to Handle Estate?

The executor of an estate cannot give or assign his power away by power of attorney or otherwise. He can sign documents prepared for him. If he is unable, or unwilling, to continue you can petition the court to replace him. If there are other family members they may then ask to take his place instead. If he had a lawyer when he first applied you should talk to that lawyer. If not I suggest you get one as a petition to replace an executor is not a standard petition.

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Answered on 3/03/08, 5:25 pm


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