QUESTION

Can a person who has been appointed executor and power of attorney, hire somebody to deal with it?

Asked on Oct 16th, 2012 on Wills and Probate - New Jersey
More details to this question:
I recently found out that my mother has appointed me as sole executor and power of attorney for her estate. I am the youngest of four siblings. I live on the other side of the country from her. When the time comes, I don't see how I would be able to go to where she is, for an extended time, to deal with all of it. Is it possible to hire somebody to do it?
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1 ANSWER

I practice in IL but probate matters are fairly consistent state wide, but I advise you to consult with an attorney in your state to ensure accuracy. Concerning the Executorship:  No, you may not hire someone to do the job for you.....primarily because you have siblings and there is an order of preference of persons entitled to obtain Letters of Office when the will runs out of possible executors.  Unless your mother prepared her will herself, it is highly unlikely that there are not successors executors listed.  I do not know an attorney who would not include fall back successor executors in the best interest of his/her client. On the matter of the Power of Attorney (POA):  I urge you to encourage your mother to name a successor to you because in the event of her incapacitation, the POA likely nominates the agent to become the then needed Guardian (if properly written)....since a guardian is thus nominated, the necessary court process for such is clean and concise....In the event you are unable to serve the court proceeding will ensue that may not be clean and concise...so for the sake of preserving the assets of your mother's estate, I urge you to address these matters with mom.  You did not mention if there is a POA for Health Care in place for your mother, so if not please address the necessity of such with her as well.  Hope the information was helpful.
Answered on Oct 19th, 2012 at 3:27 PM

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