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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34504
Experience:  30 plus years of experience.
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My mother died last week in South Carolina. Her husband was

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My mother died last week in South Carolina. Her husband was named primary executor of her will but he has dementia, so his children are his power of attorney. I was named secondary executor. Who should be the executor of her will?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: no paperwork yet
JA: Has anything been filed or reported?
Customer: with his children, they have a probate lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

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Customer: replied 2 months ago.
in the will it ways, "if my said husband should fail or decline to serve, then appoint my daughter"
He doesn't want to have anything to do with the will and he is very confused. But his children don't want to give up power over my mothers will

My condolences for your loss.

The executor of a will may not assign their rights by a POA, since they have fiduciary duties and were specifically selected by the testator. Therefore, you are the appropriate person to petition to be issued the letters testamentary if the primary executor is unable to serve.

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Loren and 2 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
thank you

You are very welcome. Thank you for using JA.