My Father just died and I am Executor. My Mother is still living. What next?

Full question:

My father just passed. He left me as executive of his will plus power of attorney. My mom still lives but was diagnosed with demensia one yr ago. Where do I stand now

Answer:

As Executor of his estate you can probate the Will and carry out your duties as Executor. The Power of Attorney is no longer effective since he is now deceased. Because your Mother has dementia and cannot execute a Power of Attorney (assuming one was not executed when she was competent) you would probably need to be appointed as her Conservator and / or Guardian of her person and estate.

Next step would be to see a local attorney about the probate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Typically, the primary caregiver or family member, often a child, is responsible for a parent with dementia. This person may need to make decisions about care and finances. If the parent has not designated a power of attorney, the family member may need to seek legal guardianship or conservatorship to manage their affairs effectively.