AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Expert: David Hollingsworth Date: 4/9/2008 Subject: Deceased Executor on Mothers Will
Question My Mother has my deceased eldest brother listed on her will as executor, my
younger brother has durable POA of our mother who is partially physically
disabled and cannot sign for herself any more. We need to change the executor
but we do not know if we can have our brother who has POA and is a beneficiary
on our mothers will be listed as executor is this allowed?
Answer Even if your mother is not able to sign she can still change her will. THe former attorney can do a codicil and make your brother the executor as you request. All your mother has to do is make a mark on the codicil in front of 2 disinterested witnesses. THe attorney can take care of this. THe brother that is the POA can in fact be the excutor provided your mother has the mental ability to instruct the attorney to make him the executor. If she cannot then in the event she should pass away without the change, he can step forward at her death and qualify as the substituted executor by consent of all of the other heirs. If everyone will not consent you can still have him qualify if no one else steps up. YOU really do not have much of a problem. JDH
