Kemah, TX Estate Planning Law Firms & Lawyers

Your nephew is probably not the best choice for your mother's power of attorney. A power of attorney has the right to take legal action on behalf of another person if he or she is incapacitated in some way. I would strongly recommend finding a knowledgeable estate planning attorney and scheduling a consultation appointment with your mother so that she can make an informed choice about what exactly she is granting by naming this relative as her power of attorney.

You are confused or have been misinformed. A Power of Attorney is only used for a living person. Once a person has died, any Power of Attorney terminates upon death. At this point, if there is an estate, you need to be named Personal Representative of the estate. That requires probate proceedings. It is a highly technical process and should not be attempted without the assistance of an attorney.

Normally your attorney will provide you with instructions on your duties and liabilities as an executor or administrator. If you still have concerns you should contact your attorney directly and discuss them with him or her. In California, the executor or administrator receives the same fees as the attorney, which is a percentage of the gross estate on a sliding scale. If you perform extraordinary duties, such as running or selling a business or residence, you can have your attorney petition the court for extraordinary fees which are usually based on your knowledge, education and experience. Discuss this with your attorney In Washington state, the executor or administrator is entitled to reasonable fees which are based on your knowledge, education and experience and difficulty in handling the estate. Discuss this with your attorney.