Authority pursuant to a POA ceases on death of the principal. So your having been a proxy has no relevancy now that your father has passed. Your mother has responsibility for settling and management of his estate.
Your profile says your mom is 75 and you don't list any health issues, so you being her PoA has no relationship to her being executor of her husband's will if she is mentally competent and physically able.
Are you wondering if the executor responsibilities fall to you if mom is not competent? If that is the case, dad probably has someone listed as successor if mom is not able. The responsibility would go to that person, not you as mom's POA.
As said you being her POA does not come into the picture if she is competent to carry out the Will. If she has Dementia, then you need to tell Probate that she is not capable to carry out the duties of an Executor. You can then become the Executor or allow a lawyer to take over.
Usually with Wills between husbands and wives, its what yours is mine so no Probate involved.
Errata: MJ1929 pointed out a flaw in my post. The poster is proxy not for her father as I initially thought (and apparently misread the post or skimmed past it), but is proxy for her mother.
My apologizes to everyone for this error and misreading of the OP's initial post.
Back to the OP's question: unless her mother is not capable of managing the Estate, or has dementia, or doesn't want the responsibility, it would fall to an alternate Personal Rep (f/k/a Executor/trix), assuming one or more are named. In that case, I don't see how the OP would need to be involved.
But if there are no successors identified, or he/she or others decline, then it would fall to the Court to appoint one, and it might be the daughter, or an attorney, or someone else.
However, and this needs to be explored: the OP states "Problem...". What the nature of that problem is needs to be defined.
Annadenise, is there a reason why your mother would face a problem in handling your father's estate?
Again, I apologize for misreading the OP's opening thread and for providing inaccurate information.
Even if your mom is listed as executor in the will, she will need to be appointed by the court. This to make sure she meets the criteria for dads state. If she doesn’t want to be the executor or isn’t able, then you could apply. Look up the rules for your state as different rules may apply in different states. If you plan to use an attorney, he/she can walk you through the process. Sometimes, depending on the estate, it isn’t necessary to probate. Again, the attorney can advise you.
I’m going to approach this from another viewpt…. If it’s situation that you r concerned that mom, the to be named Executor as per how dads will reads, cannot be or cannot seem competent or cognitive to go before a judge in probate court (PC), I think you need to determine 3 things to based next action on: - 1. what assets did dad have & are any complicated? Like most couples have stuff owned jointly, or “beneficiary of”, so should 1 die then account or ownership goes over to other. If ownership is “and/or” for how house, car, land, banking is titled then mom could move everything into her name. They become her assets, dads estate zeros out. If she does this, I’d suggest you get all accounts in her name to be POD to you so that when she dies, it passes to you outside of moms probate. If dad did a “pour over will”, his assets should be set to do this. Maybe GardenArtist can shed insight on how “pour overs” work.
Are there assets beyond those shared w mom? & are they things that need legal filings to change ownership? So dad leaving his tools to Nephew Nate not a problem, but dad owing solo a 100 ac ranch, that gonna need to go thru probate. So what’s his assets?
-2. If there’s solo assets, then gather them so you can go over them to see how complicated they might be. Personally if dad had stocks, land, any O&G stuff, a biz, I’d stop and find a probate atty who does full probate. If mom can look somewhat competent for appearance b4 a judge to be named Executor & get Letters Testamentary issued, she’ll be ok as it’s going to be probate guy who does the work & file all online to PC via their city/ county portal attached to their bar card.
Now if it’s just a house or a car that’s fully owned as assets, mom might could do a small estates affidavit or a Muniment of Title. (Muniment if your state allows are very systematic way to legally transfer title for real assets but there CANNOT be any debt owed by estate. IMO u can DIY a Muniment if your comfortable in a courthouse). Your probate court hopefully has FAQ and forms for doing small estates or Muniment. If your county doesn’t, Google a bigger county with a big city in it (like what Houston is for Harris Co.) and those PCs will hopefully have info for DIY.
3. what debt did Dad die owing? If just mortgage or car note in mom & dads name, that paperwork will be almost all by mail or online. With maybe a notary or two done. Unless mom appears living in another solar system incompetent, I think moving these to her name can be manageable by you as her POA, it becomes her debt. BUT if dad died w lots of debt, you need an attorney. If mom appears very incompetent, then you as POA need to let whomever is the successor Executor, know as they will need to take over. They can hire the atty.
I’ve been an Executor x3 & for ea had probate atty who filed will then set date for me to be named Executor & get Letters Testamentary. Hearing was an 1 in person meeting b 4 PC judge, who’ll ask a question or two. It’s friendly. Maybe 5-10 minute process but you may be seated in courtroom or outside courtroom for an hr ++ till your docket called. Atty gets called then calls you up. You cannot go up with her & prompt her answers. If she can’t do this on her own, I’d fold it. If no successor Executor named, court can name one. It could be you, as your POA, but likely would become a “dependent administration” so has required court oversight for any actions taken on estate. Dependent more layers & personally I’d have a probate atty to assist me if doing a dependent.
if Dad was on Medicaid, that’s a whole other issue….
Fwiw PC is super format & time sensitive on everything. That aspect alone part of why atty r hired. Good luck & let us know what happens!
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And I am sorry to learn of your loss.
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Usually with Wills between husbands and wives, its what yours is mine so no Probate involved.
My apologizes to everyone for this error and misreading of the OP's initial post.
Back to the OP's question: unless her mother is not capable of managing the Estate, or has dementia, or doesn't want the responsibility, it would fall to an alternate Personal Rep (f/k/a Executor/trix), assuming one or more are named. In that case, I don't see how the OP would need to be involved.
But if there are no successors identified, or he/she or others decline, then it would fall to the Court to appoint one, and it might be the daughter, or an attorney, or someone else.
However, and this needs to be explored: the OP states "Problem...". What the nature of that problem is needs to be defined.
Annadenise, is there a reason why your mother would face a problem in handling your father's estate?
Again, I apologize for misreading the OP's opening thread and for providing inaccurate information.
If you plan to use an attorney, he/she can walk you through the process.
Sometimes, depending on the estate, it isn’t necessary to probate. Again, the attorney can advise you.
- 1. what assets did dad have & are any complicated? Like most couples have stuff owned jointly, or “beneficiary of”, so should 1 die then account or ownership goes over to other. If ownership is “and/or” for how house, car, land, banking is titled then mom could move everything into her name. They become her assets, dads estate zeros out. If she does this, I’d suggest you get all accounts in her name to be POD to you so that when she dies, it passes to you outside of moms probate. If dad did a “pour over will”, his assets should be set to do this. Maybe GardenArtist can shed insight on how “pour overs” work.
Are there assets beyond those shared w mom? & are they things that need legal filings to change ownership? So dad leaving his tools to Nephew Nate not a problem, but dad owing solo a 100 ac ranch, that gonna need to go thru probate. So what’s his assets?
-2. If there’s solo assets, then gather them so you can go over them to see how complicated they might be. Personally if dad had stocks, land, any O&G stuff, a biz, I’d stop and find a probate atty who does full probate. If mom can look somewhat competent for appearance b4 a judge to be named Executor & get Letters Testamentary issued, she’ll be ok as it’s going to be probate guy who does the work & file all online to PC via their city/ county portal attached to their bar card.
Now if it’s just a house or a car that’s fully owned as assets, mom might could do a small estates affidavit or a Muniment of Title. (Muniment if your state allows are very systematic way to legally transfer title for real assets but there CANNOT be any debt owed by estate. IMO u can DIY a Muniment if your comfortable in a courthouse). Your probate court hopefully has FAQ and forms for doing small estates or Muniment. If your county doesn’t, Google a bigger county with a big city in it (like what Houston is for Harris Co.) and those PCs will hopefully have info for DIY.
3. what debt did Dad die owing? If just mortgage or car note in mom & dads name, that paperwork will be almost all by mail or online. With maybe a notary or two done. Unless mom appears living in another solar system incompetent, I think moving these to her name can be manageable by you as her POA, it becomes her debt.
BUT
if dad died w lots of debt, you need an attorney.
If mom appears very incompetent, then you as POA need to let whomever is the successor Executor, know as they will need to take over. They can hire the atty.
I’ve been an Executor x3 & for ea had probate atty who filed will then set date for me to be named Executor & get Letters Testamentary. Hearing was an 1 in person meeting b 4 PC judge, who’ll ask a question or two. It’s friendly. Maybe 5-10 minute process but you may be seated in courtroom or outside courtroom for an hr ++ till your docket called. Atty gets called then calls you up. You cannot go up with her & prompt her answers. If she can’t do this on her own, I’d fold it. If no successor Executor named, court can name one. It could be you, as your POA, but likely would become a “dependent administration” so has required court oversight for any actions taken on estate. Dependent more layers & personally I’d have a probate atty to assist me if doing a dependent.
if Dad was on Medicaid, that’s a whole other issue….
Fwiw PC is super format & time sensitive on everything. That aspect alone part of why atty r hired. Good luck & let us know what happens!