Legal Question in Wills and Trusts in Pennsylvania

executor of an estate

I just found out that my niece is the executor of my mothers estate. ( and she doesnt even know this. my sister was executor but she passed away and then power of attorney was passed on to me. I am her only living daughter and I have power of attorney. My mom does not have anything just a life insurance policy to bury her with. my question is because I'm not executor can I take care of her burial or does the executor have to do that. thanks--name removed--Bogdon


Asked on 5/08/08, 2:40 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: executor of an estate

A power of attorney is a document naming an agent and what things they may do for a principal. That said once the principal dies so does the agents power to act on behalf of the principal.

So if the power of attorney in question relates to either your mother or sister its no is operative.

From the fact an Executor was named we can infer there is a will. Otherwise how was an executor named?

The function of the executor is to carry out the will. If the estate is the beneficiary of the life insurance then an estate may need to be opened. If on the other hand it was payable to a living person with instructions on its use then maybe no estate needs to be opened.

One simple solution might be to call the niece and tell her that she's the executor and ask if she will let you handle the funeral arrangements.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 5/08/08, 2:54 pm


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