How do I obtain appointment as executor of estate or power of attorney in order to make inquiries or decisions?

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How do I obtain appointment as executor of estate or power of attorney in order to make inquiries or decisions?

My sister had power of attorney during my mothers prolonged illness and subsequent death. Since this POA was authorized by my other siblings and myself, can we now invalidate it and have myself or someone else assigned to make decisions pertaining to her estate?

Asked on November 8, 2010 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Please remember that a Power of Attorney dies with the party for whom it is enacted.  So the Power of Attorney is no longer valid.  What one of you needs to do is to file a petition with the Probate Court to become the Personal Representative (fa fiduciary position like the POA) of your Mother's estate.  Did she have a Last Will and Testament?  If she did who is listed as the Executor?  If she did not then one of you (or more than one of you) can apply in what is generally known as an Administration proceeding.  The person appointed as the Personal Representative will then have the Power by statute to inquire as to your Mother's estate and what happened to her assets.  They will also be able to bring an action that the law may permit against those that violated their fiduciary capacity as well. Good luck.


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