QUESTION
Is an executor necessary when both people live in nursing home?
Asked on Dec 13th, 2020 on Estate Planning - Pennsylvania
More details to this question:
My parents have lived in a nursing home for going on 4 years in PA. My sister and I share POA. My brother had been named executor in a will written in the early 2000s. My mother just passed and my father is still in said nursing home. Right now the family is fighting over who has jurisdiction to do what. Does an executor still apply when there is no land, house, vehicles, savings account, checking account or valued property?
1 ANSWER
2 Awards
If there is no land, house, vehicles, savings account, checking accoount or valued property, it appears the what the family is fighting over may be (1) disposing of the remains and (2) disposing of the personal effects. (1) In most states, if the deceased has not signed an Appointment for Disposition of Remains or similar document and the family has not acted, the executor may dispose of the remains. (2) In most states, if only personal effects (clothes, shoes, etc.) remain, the Will is not presented to a court for probate (proving).
Answered on Dec 14th, 2020 at 5:12 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.