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docwyte
docwyte UberDork
11/4/20 8:17 a.m.

This has the rumblings of an ugly fight.  Your wife needs to decide if she wants to engage.  If so, then I suggest getting an attorney and being prepared to drop the gloves...

Placemotorsports
Placemotorsports Reader
11/4/20 8:51 a.m.

Even the closest family tends to do this when people pass.  Seen it, been through it and going through it again

Ian F (Forum Supporter)
Ian F (Forum Supporter) MegaDork
11/4/20 8:59 a.m.
Placemotorsports said:

Even the closest family tends to do this when people pass.  Seen it, been through it and going through it again

True.  This might be why my aunt chose my mother to be POA in lieu of either of her middle-aged kids - both of whom have money problems and my aunt's estate is somewhat substantial.  

Rons
Rons Reader
11/4/20 12:47 p.m.

I just re-read the original post and there is two very distinct issues FIL's will and ongoing care of the widow.

I will also point out I am not a lawyer and know absolutely nothing about probate law in the unknown state.

The duty of the executor is to carry out the wishes of the testator as stated in the last will and testament, and that is the only duty. Ongoing care with a power of attorney is a separate matter and would be done with the assets of the widow. 

Placemotorsports
Placemotorsports Reader
11/4/20 1:37 p.m.

And don't forget in some states the executor can charge a fee for doing what the will asks 5-10% of the estate value depends on the state. 

SVreX (Forum Supporter)
SVreX (Forum Supporter) MegaDork
11/4/20 2:06 p.m.
Rons said:

I just re-read the original post and there is two very distinct issues FIL's will and ongoing care of the widow.

I will also point out I am not a lawyer and know absolutely nothing about probate law in the unknown state.

The duty of the executor is to carry out the wishes of the testator as stated in the last will and testament, and that is the only duty. Ongoing care with a power of attorney is a separate matter and would be done with the assets of the widow. 

Yes.  That's correct.

Michael was the FIL executor (I think), and is the current caregiver for the widow (and her medical proxy).   His mother is the POA for the widow (her sister).

That gives him pretty much unfettered access to the assets of the FIL estate, AND the surviving widow.

NOT A TA
NOT A TA SuperDork
11/4/20 2:28 p.m.

Lawyer up.

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