I am typing this through tears...My Mom is in Hospice and unfortunately is near the end. My brother is Mom's POA and I am the executor of her will. My brother and I get along very well and have worked together through all of whats happened thus far very well. However, I am nervous about my upcoming duties and have many questions. I understand that my brother's 'work' is done once Mom passes and I take over from there. The issue is that I live 900 miles from my Mom and brother (they live in IN) and I am wondering if I can select my brother as an agent or helper or even sign over the executor-ship to him so he/we can work together to finish Mom's business when the time comes. Does anyone know how this might be possible? Mom has very little to her name at this point- she has a joint checking account with my brother that has less than $40k in it. The three of us together sold her car, home and were able to get rid of/distribute items in her home before she moved into an assisted living facility in January. The only items she owns right now is a TV, dresser and bed. Mom has no investments and the only funds that she has is in the joint checking account that she has with my brother. Mom has some credit card bills that total under $1,000 and she has hospital bills. Do we need an attorney in IN to help us settle this or can we do this on our own? It seems like this should be very straight forward but I/we don't want to misstep. Thank you-
How is your mother today?
The bank account has brothers name & signature on the account so it’s probably going to become all his & he can pay the whatever’s to settle her debts from that existing joint account. Then after a bit, perhaps 8 mos - a year, he can divide what’s left between you two.
A will and what’s in the will only matters if there’s after death assets that need a probate action to move out of the. deceased name. Often wills are done decades before death happens and in the passing years assets get sold, transferred, spent, so that by the time they die the terms of the will doesn’t matter as the assets are gone. Your only executor IF probate actually gets opened with the will entered into probate and you appointed Executor via Letters Testamentary. Otherwise it’s just a anecdote on paper.
I don't know whether or not you can assign him to help; it would depend on wording in the Will. But there are tasks that your brother can do that don't require any execution of documents.
From what you write, the one account is held jointly between your mother and your brother, and if titled properly (joint tenants with rights of survivorship), they'll pass directly to him. If you're on good terms, he can write checks for the Estate expenses. And assuming that relationship still holds, he actually can handle that financial aspect since he already has authority to.
If you have a funeral, the funeral home director will take care of getting certified Death Certificates for you. You can also get them on your own from the county clerk's office.
One would be provided to the bank; others would be provided to creditors, such as any outstanding charge accounts.
With your brother's cooperation, you can determine which bills are valid and he can pay them.
I don't see any need for any attorney, or even Probate proceedings given that the only real asset left is the checking account.
So, relax, and know that the situation can be handled w/o a lot of complications.
And I am so sorry to learn that your mother is so close to the end.