Legal Question in Wills and Trusts in New York
wills, power of attorney
My brother is a convicted felon in New York State and is currently in a prison. Our mother has passed and is currently in a funeral home for the last three weeks because he will not sign to have her cremated. He also claims he is her power of attorney and executor of her will. Does he have these rights?
1 Answer from Attorneys
Re: wills, power of attorney
1. You do not need his permission/signature to cremate your mother's remains. You can make that decision as a surviving child.
2. Even if your brother has a power of attorney, it became ineffective immediately upon your mother's death.
3. As a convicted felon, your brother would not qualify in Court as an Executor. However, you should do your best to get possession of the original will.
Please email or call my office for a brief consultation about your case.
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