bebeboom
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posted on September 26, 2006 03:25:22 PM new
Does anyone know when someone becomes incompetent, if the executor of his/her will automatically has legal power of attorney over his/her money/estate?
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profe51
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posted on September 26, 2006 04:20:21 PM new
nope, if the executor is only the executor of the will, they have no power until the testator has bought the farm.
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Grow your own Dope. Plant a Republican.
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bebeboom
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posted on September 26, 2006 04:37:56 PM new
Thanks Profe, that's what I thought, but someone told me differently. Mags
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ST0NEC0LD613
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posted on September 26, 2006 08:34:06 PM new
As an executor of the will, they do not. However, if they have Power of Attorney, then they do.
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"Unfortunately there are levels of Stupid that just can't be cured!!" The new Demomoron motto.
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irked
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posted on September 26, 2006 09:19:19 PM new
Having someone declared incompetent is difficult and you have to have Dr. declare them that way then someone has to be declared guardian and bla bla bla. Lots of steps to follow and money to spend to get there.
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bebeboom
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posted on September 27, 2006 07:52:01 AM new
Thanks everyone. I guess the best thing would be to get power of attorney while the person is still competent and willing to sign power of attorney over to that person. Thanks again.
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Bear1949
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posted on September 28, 2006 12:08:14 PM new
Are you becoming so incontinen you need assistance?
"“More Iraqis think things are going well in Iraq than Americans do. I guess they don’t get the New York Times over there.”—Jay Leno".
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ST0NEC0LD613
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posted on September 28, 2006 12:11:44 PM new
incontinen? Is that like oxymoron? A democrat with Zits.
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"Unfortunately there are levels of Stupid that just can't be cured!!" The new Demomoron motto.
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bebeboom
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posted on September 28, 2006 12:47:12 PM new
LOL.. no, I'm not incompetent nor do I suffer from incontinence LOL LOL..
My husband and I were talking, he is quite a bit older than I am and he said he will probably die before me and wanted to warn me that whom ever I chose as executor of my will would be able to control my money etc.. if I became incompetent.
But that isn't correct.
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irked
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posted on September 28, 2006 03:37:16 PM new
Don't know about laws in you home area but here in Texas I believe the executor is not in charge of your money & if you and hubby have an account or accounts set up in Both names talk to bank. But if he has a will he needs to stipulate who gets what. \\Also here if you die the spouse is 1st in line as heir & natural kids equally so make your will out. Your bank should be able to tell you about money in any accounts in your state and how to set it up for either person to be sole control if something happens to other person. You definately don't want anyone else to have control over his part if someone else gets a power of attorneyother than you.
Here I can go down and get power of attorney for filing fee of $12.50 as long as the person is with you to assign it.
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bebeboom
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posted on September 28, 2006 04:17:09 PM new
Irked.. I am named sole beneficiary in my husband's will. Allof our accounts, 401K, stock is in both our names and I am sole beneficiary of all. The question was when he passes and I inherit, I can either keep the will as is, with equal shares going to the kids after I pass, or change if I so choose.. but I were to become incompetent during that time, would the executor that I have named automatically get power of attorney. But that is not the case, I would have to be declared incompetent or if I choose somewhere down the line to grant that power of attorney to someone I could do so while I'm still competent.
[ edited by bebeboom on Sep 28, 2006 04:19 PM ]
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bebeboom
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posted on September 28, 2006 04:26:58 PM new
Gawd..did any of that last post make a lick of sense? Sounds like I was talking gibberish.
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irked
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posted on October 1, 2006 09:18:23 AM new
nahhhh I understood every word. LOL Maybe it takes a gibberish mind to understand another one. he he he.
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twig125silver
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posted on October 1, 2006 10:07:24 AM new
what irked said.... 
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