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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33761
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I was named the executor of my mother's estate, I have just

Customer Question

I was named the executor of my mother's estate, I have just been told that a sibling of mine has had my mom sign paperwork to be the fiduciary. I'm not sure if my mother understands it and I would like to know, as the executor, if my sibling has taken over the finances and I am powerless to keep them from mishandling the funds of my mother. Is the fiduciary more powerful than the executor to oversee the funds?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Legally an executor has no authority or power over a person's assets or estate until they pass. So if a power of attorney or voluntary guardianship has been put in place, the holder of that power would have current authority over mother's finances since the executor would only gain power upon mother's death and after formal appointment by a probate court judge.
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However, once mother passed, the executor could request financial records to review them to see if anything improper has occurred and then sue the fiduciary for breach of their duties to recover any improperly used assets taken from mother on behalf of the estate.
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So to answer your question directly.. yes, the fiduciary would have more power than the executor.
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thanks
Barrister

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