Can a power of attorney act as executor.

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Can a power of attorney act as executor.

I am my father’s power of attorney and he has been named as the primary executor
of my mother’s estate. My sister and I are named as co-executors after him. Will
I be permitted to make decisions for the estate on his behalf or will the
secondary executor’s be named?

Asked on March 23, 2019 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, your power of attorney from your father does not override your mother's will, which specifically dictated whom she wants to be her executor(s), in what order of appointment. If you father cannot or chooses to not act as executror, then you and your sister will both be co-executors as set forth in the will.


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