Should never have co-executors. Mom and Dad had my brother and I set up like this. When Dad passed, Mom did a new Will. With my brother living 8 hrs away, we all agreed that since I was living in same town as Mom I would be executor. Makes it so much easier when things need to be signed. The Executor has to abide by the will so beneficiaries will get what is left to them.
I suggest if you don't have POA for Dad, as his caretaker you have him assign u or u will have problems down the line. Keep good records.
No one is in "charge" of a will. Your father made his will so his assets will be distributed to you and brother, and anyone else, as he wanted. One or both of you, or someone else ( e.g., a lawyer or bank), should have been named as the executor of the will. Under the probate court's guidance, the executor is responsible to distribute dad's assets as he wished. It's possible that both you and your brother were named as co-executors, in which case you would work together to distribute dad's assets as he wished. Even though your bro is 2500 miles away, he would be the executor if so named in the will.
If you are confused about the intent of the will, you could contact an atty to decipher it for you.
A POA is of no significance. It ends at death of dad while the will becomes effective.
Do you mean that he made you co-executors of his will after he dies. I wasn't even aware that could be done. If that is the case you and your brother should turn this over to a lawyer if there is any sizeable estate. The Estate will pay the fees for this, and there will be less argument and trauma this way. The last thing you want is argument when you are grieving. I am assuming you are speaking of a WILL, after he DIES. Not a POA for while he is living?
He only has will. No POA. He has bipolar disorder and diabetes. Also hypertension and elevated. cholesterol Hello gets angry at me if I mentioned of telling him what to do on diet or meds. Can be very verbally abusive to me. He does irrational things at times. My siblings all live out of state. So all Falls on me.,. If I have a major problem with him what are my rights
Your rights are to notify your Dad you don't wish to care for him any more. Does he live with you? Or do you live with him? Or is he on his own. If on his own, let him alone as long as he is safe. If you live with him, move out. If he lives with you tell him that you do not want him to live with you any more and give him time to make other arrangements for place to live or for placement. Notify your family that you are not currently physically or mentally able to care for your Dad. No argument. Just that. Tell them you are sorry, but the answer has to be no.
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I suggest if you don't have POA for Dad, as his caretaker you have him assign u or u will have problems down the line. Keep good records.
If you are confused about the intent of the will, you could contact an atty to decipher it for you.
A POA is of no significance. It ends at death of dad while the will becomes effective.
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