Power of Attorney over the Executor

[Craig P Martin]

Jurisdiction

Virginia

My father recently unexpectedly passed and my mother is not really interested (or capable) of handling the estate. Since she is the surviving spouse everything is going to her but she is providing my brother and I General Power of Attorney to handle her case (vs joint). My question is....

My brother and I are handling different aspects of their estate and both will be executing on the estate. It looks like an executor is typically only one person. Is there any reason why I shouldn't make my mother the executor even though we are both the ones who will be doing the heavy lifting? I was thinking that she would be the executor but we would use our PoA to be able to carry out the last will and testament.

Otherwise it would probably need to just be one of us and this could create bottlenecks. Thank you in advance.

 

[army judge]

Is there any reason why I shouldn't make my mother the executor even though we are both the ones who will be doing the heavy lifting?

None that I can see.

Many people work behind the scenes executing the instructions for the benefit of another, especially during a most trying, troubling, disturbing time as the loss of spouse.

 

[zddoodah]

my mother is not really interested (or capable) of handling the estate. Since she is the surviving spouse everything is going to her but she is providing my brother and I General Power of Attorney to handle her case (vs joint).

The court is unlikely to allow this. If you or your brother wants to seek to be appointed as executor, that's fine, but your mother isn't going to get appointed only for you and your brother to do everything under a POA. Of course, that assumes that the administration of the estate will require formal probate, which might not be the case.

My brother and I are handling different aspects of their estate

There is no "their estate." Only your father has an estate. Your mother won't have an estate until she dies.

It looks like an executor is typically only one person. Is there any reason why I shouldn't make my mother the executor even though we are both the ones who will be doing the heavy lifting?

No one other than the court has the power to "make [anyone] the executor." As noted above, if you and your brother are doing the work, then one of you should be executor. You could also seek to be appointed as co-executors, but that sometimes gets messy.

I suggest a consultation with a local probate attorney.