Legal Question in Wills and Trusts in Virginia

My brother-in-law is in ICU and dying of cancer. Thi progression was very quick - he was onlydiagnosed last month. He has rapidly become capacitated, most of the time with only brief moments of conciousness. My wife (his sister) had procurred a Medical POA, but they never got to the will/trust. She is far more suitably for being the executor, than other family members. How can my wife be appointed as "executor" to her brother's will or trust, as he is medically incapacitated.


Asked on 9/25/09, 10:25 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Unless your brother recovers mental capacity sufficient to appoint youre sister executor of his trust, your sister will need to petition the appropriate court in your area to be appointed conservator of this trust.

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Answered on 9/30/09, 10:55 am


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