Before I make an appt with our family lawyer has anyone been in this situation?
Mum has AD & Dad has cognitive impairment.
3 yrs ago Mum & Dad completed their POA's for financial naming my sister & I, and also health & welfare naming me.
Their wills were made 20yrs ago, until now have never seen them, but were told my sister & I were executors.
Going through Mum & Dads paperwork today as I wanted to put important stuff away for safekeeping I came across copies of their wills.
Mum & Dad have named each other as executors leaving their share to each other, but my sister & I are only executors upon the survivor of the two.
In the event of Mum or Dad passing away neither of them ( namely Mum) would have the capacity to understand the legalities of probates/completing/signing paperwork etc
Mum has already been deemed by her GP lacking capacity to make decisions regarding her health, but nothing else has been formalised with our lawyer.
From the little I have googled online, it states that if your Executor is incapacitated or has since died you should update your will and name another person.
Mum has AD & Dad has cognitive impairment.
3 yrs ago Mum & Dad completed their POA's for financial naming my sister & I, and also health & welfare naming me.
Their wills were made 20yrs ago, until now have never seen them, but were told my sister & I were executors.
Going through Mum & Dads paperwork today as I wanted to put important stuff away for safekeeping I came across copies of their wills.
Mum & Dad have named each other as executors leaving their share to each other, but my sister & I are only executors upon the survivor of the two.
In the event of Mum or Dad passing away neither of them ( namely Mum) would have the capacity to understand the legalities of probates/completing/signing paperwork etc
Mum has already been deemed by her GP lacking capacity to make decisions regarding her health, but nothing else has been formalised with our lawyer.
From the little I have googled online, it states that if your Executor is incapacitated or has since died you should update your will and name another person.
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