Can a parent quesion an executor on ehalf of their mentally disabled child?
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Can a parent quesion an executor on ehalf of their mentally disabled child?
My Down’s Syndrome brother and I have inherited my late grandfather’s property because our dad is also deceased and my parents are divorced. Does my mom, who takes care of my mentally disabled brother, have the right to ask questions of the executors or have any say on behalf of my brother?
Asked on August 6, 2019 under Estate Planning, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
For purposes of this answer, we assume your brother is an adult, since if he were a minor, she would certainly have the power to do this. She does if she has been formally or officially named or made his legal guardian--that is, if his incompetence and her authority to act on his behalf has been formally recognized by the legal system. If she cares for him but does not have that legal authority, she cannot.
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