Legal Question in Wills and Trusts in New York

Power of Attorney For Executor?

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, 3:02 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Power of Attorney For Executor?

Not unless the Will authorizes this or the Court approves it, on an application to permit it. If your husband cannot function, it may be that if a successor Executor is named, that he/she take over. You do not specify the complications. Are they something an outside professional can assit him in doing? If so, an attorney or accountant should be retained. It wiuld be easier if you let me know what they are, so I can suggest how to resolve them.

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Answered on 2/21/08, 7:26 pm


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