Coalinga, CA Estate Planning Law Firms & Lawyers

There is no executor while a person is living. An executor (we call them Personal Representatives in Michigan), can only be appointed by the court after death. A PR can be nominated in a Will during lifetime, but the Will only becomes operative after the person dies. What you MAY be asking is whether someone can be named to handle the decisions and management of a living person's finances. The answer is yes, this can be done, through a Durable Power of Attorney form. The DPOA should be prepared by an attorney. The principal can only sign a POA if he or she has capacity, which is something the attorney can assess and testify as to, if there is ever an issue.

If your step mother was the beneficiary of your father's life insurance, then the money is hers to do use as she wishes. ?His will doesn't control life insurance proceeds

The estate is liable for the debts of the decedent, unless someone else guaranteed the debts or was a co-debtor. If the estate has more debts than assets, some creditors will simply not get paid. You should open a probate of the estate and publish notice to the creditors; this gives them 90 days to assert their claim against the estate or they lose it forever. Then you can respond to the individual creditors who file claims and let them know if there are or aren't assets to pay the claims.