do i need a living will for my mother if i already have power of attorney for medical situations?
144315
A Living Will is your mother's statement of her desire to be kept alive by extraordinary means (or not) if she becomes incapacitated.  It would avoid having a family fight over your mother, if she has already put her desires in writing.  \n\nSometimes a health care power of attorney includes that statement in addition to giving you the right to make other medical decisions for her.\n\nReview the document that you have to see what it covers.
1171785
You title as executrix is not a power of attorney to do what you please.  You also have a fiduciary duty to the other heirs.  You cannot sign without their permission.  If you can't get it or they won't then you need to file a court action for dissolution of the property. Which is going to cost the estate even more money since you do have a right to utilizes those funds for that purpose.
853156
Your question only brings more questions to mind. How do you know there is a Will? Is it a large estate? Is an Attorney already involved? Has anyone contacted you in this regard and who?\nIf you found a Will, I would suggest you take it to an Attorney.
751531
Try to harvest this side, you may be able to change an existing form.  (e.g child custody and visitation right).\n\nBut I would let a lawyer formulate this: especially in a life threatening situation (surgery) you need a lot more (and there is maybe also the sons mother involved).
734410
NO..\nTHAT IS NOT THAT WAY IT SHOULD BE....\nNO NEED FOR IT TO BE ANY COURT ORDER OR COURT APPROVED ISSUE.\n\nTHAT IS BS.....POWER OF ATTORNEY IS AMPLE AUTHORITY\nFOR YOUR MOTHER TO ENROLL YOU DAUGHTER IN SCHOOL.
73140
If you challenge this, you will have to produce witness that say that she changed it when he lost his mental abilities.  You will have to contest the will in Probate Court in the county that you dad lived in.  It will be an uphill battle to win this.  If a person leave no will, all funds go to the wife.  You see the challenge?
231793
I think that you should contact a law office that specializes in Wills, Trusts, and Estates Law and seek a free consultation to see if they may be able to make a case for you or make a referral to what should be the next move. Good Luck...and keep the fire to inquire!
916354
you are there only to execute the wishes of your mother.  that's it.  you are entitled to a fee for your services.  beyond that, you have NO control.\n\nsure, your brother has the right to receive whatever has been laid out for him.  as for the papers, if he challenges you and lawyers get involved, you for sure will be showing him the papers.
785531
If you have a wife or kids definitely.  Don't do a handwritten will - have an attorney draw one up for you.  They usually charge around $100.00 and unless you have a lot of specific bequests or complicated divisions of assets the process to draw one up is quick and painless.  Some can draw them up while you wait.  The reason you do not want to write it yourself is that most people generally leave out important clauses that cause big headaches for the executor during the probate process.  Or they forget to have the will witnessed and notarized.\nEven if you don't have a lot of assets you may still need a will.  In my state there is what is called a Small Estate Affidavit for estates valued at less than $100,000.00.  It allows the estate to not go into probate but it also requires a Will to show division of assets.  Definitely go to an attorney - it is not as complicated as people think.  Also look into getting a Living Will, Medical Power of Attorney and a Power of Attorney for Property.
909107
Go to your local Law Library. Most have form books with these in them. In my state (NC) the format for a power of attorney is actually in the statutes themselves.
156371
A power of attorney may be granted to anyone of age (not necessarily a lawyer) and would normally be in written form signed by the individual granting the power of attorney and may be required to be witnessed (or notorized) by a disinterested person.  you probably did not grant a power of attorney unless you signed documents without reading or understanding them.  A power of attorney may be very general (as to help an invalid pay bills) or very specific (to sell a particular car) and may be open ended or have a certain expiration date.  You may revoke a power of attorney at any time by providing the "attorney" with written notice and sending a copy to anyone who may need to know.\n\nI once bought a car from a man who had a written power of attorney from his invalid mother who had title to the car.  The family lawyer still had his power of attorney document in their office.  The vehicle registry would not accept it to transfer title to me until it was registered with the city which placed a copy on file and placed their seal on the document to show the registry.\n\nIf the matter is potentially important, consult with a lawyer to protect your rights.  Good luck.
1030311
A legal will is to make sure your possessions go to your family, friends, charity choices, etc. If you don't have one your stuff could end up going to the state, which would be a big waste. The living will is to make sure you get the medical care you want even if you aren't able to make the decisions at the time. For example, if you don't want to be kept alive artificially that would be in the living will and doctors have to follow it even though you can't tell them at the time. The disadvantages to a legal will would only be if you made decisions that made your family unhappy. And the living will I guess the only problem would be if you changed your mind but forgot to change the living will and then couldn't tell the doctor your new wishes. But that would be a pretty extreme case. Mostly they are good things to have.
926399
I HAD TO MAKE THIS SAME DECISION ONCE, IT WAS FOR AN AUNT, GRANTED NOT AS CLOSE AS A MOM BUTSTILL REAL DIFFICULT!!  YOU HAVE TO HONOR YOU MOM'S WISHES, SHE TRUSTED YOU WITH HER LIVING WILL!  IF IT'S A MATTER OF STOPPING LIFE SUPPORT, THEN DO AS SHE ASKED,  IF SHE'S ABLE TO BREATH ON HER OWN, AND YOUR CHOICE IS HOME OR A NURSING FACILITY,  TAKE HER HOME.THERE IS PLENTY OF HELP OUT THERE, HOSPICE WOULD BE THE BEST!!  GOD BLESS YOU, IT ISN'T EASY, BUT DO WHAT MOM ASKED......REMEMBER SHE TRUSTED YOU TO MAKE THIS DECISION!!
976153
You need to speak to an attorney about your rights and obligations.  Also, why not speak with her financial advisor to find out what, if any, plans are in place concerning your mother's death.
918181
You would have to have your mother declared a dependant in order to access health care insurance.  I don't know what country that you live in but in the USA there is medacaid and if you live in Canada all her services would be covered anyway.
495094
Wills don't have to be probated.  But until they are, there is no legal force behind them.  The court decides when it has been properly executed, that it hasn't been revoked, and that the person who wrote the will was the person who died.  If the will isn't probated, then you better be sure that there are NO disputes, because anyone can come out of the woodwork and say "um, that mobile home was actually supposed to go to me."  Not that this claim would win, but probating the will would help protect against these types of claims.\n\nThe reason you're selling off the property and dividing the proceeds is because cash is easier to split than personalty (personalty being personal property).  The titles to this property are irrelevant because as soon as your mother died, they were transfered to her estate and you and your sister are the beneficiaries to that estate.  So no, this is not why the will had to be probated.\n\nThe lawyer who administers the estate on your behalf has a right to charge however much he wants to.  It's your duty to ensure that this is not overly burdensome.  But if you signed a contract saying that he would get 5% of the estate, then it's more than likely too late for you to back out of that.  I personally don't believe that 5% is outrageous when it comes to working with the courts to make sure that everything is handled properly.  Just make sure he's keeping his side of the bargain by informing you when you have to file returns, what taxes (if any) are supposed to be paid, and when the probate process is going to be over.
746872
Check with an attorney to see if you can get her declared incompetent and you should seek power of attorney to make financial decisions on her behalf.  It sounds like your brother has started this process already.  So discuss with attorney the possibility of courts deciding which of you have her best interests at heart.  \n\nI'm really sorry about what you are going through, when money gets in the middle of family affairs sometimes it gets complicated.  \n\nBest of luck to you and your mother!