Should an executor of a will be informed if other family members have gained power of

Alye16

Attorney? My husband has been an executor of a will made joinly by his late mother and step father.Step siblings have gained power of attorney for their father.Should my husband been informed?

RAS

This depends on what basis the POA has been granted.

Does step-father have full mental capacity?

Alye16

Wow that was a quick response.
No he had Alzeheimers, we only discovered this had happened since his death

marvin

My answer is no the two roles are separate one ends when the person dies and the other starts when they die. It would be nice of those gaining POA to inform all interested parties but not essential provided all is kosha and the only reason I can think of not informing people is when you have something too hide.

If they change the will and remove the current executors then again I think it would be nice but not essential to inform the old executors.

gazebo

if step father has also passed away, isn't the power of attorney now also void? as in, it no longer exists upon death?

Savvy_Sue

I'm confused about who's dead and who's still alive too ...

I believe that all relatives should be contacted before PofA is granted. But I don't know if stepchildren count for the purposes of that exercise.

Crabapple

If it is a Lasting Power of Attorney - made in the last few years, then the person making it specifies who they want to notify. Could be anyone and does not need to be family.

If an older Enduring Power of Attorney then certain relatives had to be notified, but step-children would not normally be on that list, only blood relatives.

There is no requirement that an Executor be told about a Power of Attorney - it exists while the person is alive and on death ceases to have any effect. The Attorneys no longer have any power to deal with the finances and the Executor takes over.

I'm not sure what you mean by a 'joint' Will. It's more likely they made separate Wills with similar provisions, like everything to each other then on to the children.