My father died last fall. The will says that if one co-executor is unwilling to serve (which she is), the remaining co-executor shall be authorized to act alone. Would I still need a power of attorney from her to proceed without her? If so, do I need a lawyer to draw up the POA for her to sign?
You can't remove an executor from your father's Will, but if an appointed co-executor does not want to serve, then she doesn't have to. Power of attorney is not required. Ideally, the appointed co-executor who wants to decline should sign a statement saying that she does not want to accept the appointment and stating some reason for that (too much of a burden, poor health, etc). If you are the other appointed co-executor, you would then seek to be appointed as the sole executor and include that statement from the declining executor with the Petition to Probate Will that you submit to the probate court. You don't have to have an attorney to help with any of it, but it is very, very, very strongly recommended.
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