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Can a beneficiary of will also be an executor and have power of attorney?

Fort Bliss, TX |

This is for the state of Texas if it makes a difference what do all these consist of my mother and i are researching these things even though its hard to talk about before we see an attorney, my mother who is dying wants to make some sort of estate planning or will not sure what way to go, she owed alot of credit card debt and cant declare bankruptcy since she filed a few years ago she also a few judgments from a while back, im her only son my dad died a while back, any advice or direction would be appreciated, my dad didnt leave much money but he did pay for the house

Attorney Answers 4

Posted

Hello. The short answer is "yes", your mother may appoint you as both the agent under her power of attorney documents (medical and durable POA), and as executor under her Last Will and Testament. There is also no problem with you being a beneficiary of her estate and acting as the executor of her estate. I wish you and your mother the best of luck.

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Posted

I agree with Attorney Dietlein. This can certainly be done, and it is pretty common, particularly in cases like yours, where it is a relatively small family. You obviously want to get with an estate planning attorney in Texas as soon as possible to determine what your best options are. The creditor issue will help determine how best to proceed. It almost goes without saying, but you definitely want to retain an attorney to help you with this. Estate planning in general should be handled by a professional. When you add some of the complicating factors mentioned in your summary, this becomes even more a no-brainer. Rather than waiting for someone to provide an answer on Avvo, I would schedule an appointment with an estate planning attorney, right away. If you do not have an idea who to call, click the "find a lawyer" link below and type in "estate planning" attorney in your area. This should give you a decent list of people to start with.

Best of luck to you and your mom!

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

The quick answer is yes. It depends on when and what he did with POA. POA expire at death so if he transfered property with it, he could disquaify himself as executor. If he used POA adversely to other heirs there mabye an issue.

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Posted

Probably yes. Without going over all the facts, I can't say for sure. What you have described can be done without any adverse consequences and is actually done very often. However, there are some issues that can arise in any estate planning case. I would suggest contact an estate lawyer in your area

www.gilesandgiles.com

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