QUESTION

Who is considered to be the "real" executioner?

Asked on Nov 02nd, 2015 on Estate Planning - Ohio
More details to this question:
I'm listed on my Mom's durable power of attorney (signed January 2014); as my mom was expected to pass before the end of October, she signed a will the second week of October in which my sister is listed a executioner.
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2 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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Your sister would be the executrix. A power of attorney would terminate when your mother passes away. The will appoints the executor/executrix therefore, she would get the appointment.
Answered on Nov 12th, 2015 at 3:51 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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"Executioner" is the guy with the mask and a big ax. Executor is the person who manages the assets of a deceased person. Only a court can appoint an executor. Usually, the court appoints the person who is named in the deceased's will but if there is good reason to object to this appointment the court will appoint someone else. ?Good reason could be that the person owed money to the deceased, has been dishonest in the past, is having financial problems, is unsophisticated financially with limited education or some other reason that makes the person unlikely to fairly and rapidly administer the estate Warning: often if the judge sees two family members fighting about who will be the executor, she/he will appoint an outsider, usually an attorney, as the executor. This will be VERY, VERY expensive. Everybody will be much better off if the family can agree to appoint joint executors.
Answered on Nov 12th, 2015 at 3:50 AM

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