Legal Question in Wills and Trusts in Washington
estate in foreclosure
One son has power of attorney for father who has lost his mind, the other son is the executor of the father's estate. The 1st son has not paid the mortgage. Can the exect. of estate go to the bank and see if anything can be done to save the estate if father is still alive? The father is in a care facility. Father and property is in oregon. Mortgage is approx. $60,000.00. Property is valued at $400,000. We live in Washington.
2 Answers from Attorneys
Re: estate in foreclosure
You say "father is still alive".
There is no actual executor with any power until after the testator (one who executes a will) dies and the court appoints the executor.
So, from your brief statement only, it seems that the son with power of attorney may have authority to act, but that is dependend upon when that power is/was effective.
Re: estate in foreclosure
Who does "We" include. Where your father resides will be controlling.
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