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My mother died last week in South Carolina. Her husband was…

My mother died last...

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?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

No paperwork yet

Lawyer's Assistant: Has anything been filed or reported?

With his children, they have a probate lawyer

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Answered in 5 minutes by:
8/17/2017
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,825
Experience: 30 plus years of experience.
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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.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. While I am happy to speak to you, there is no obligation for you to accept the phone call offer, unless you want. I am also happy to continue online. So, there is no pressure to spend extra money.

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Customer reply replied 11 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.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,825
Experience: 30 plus years of experience.
Verified
Loren and 87 other Family Law Specialists are ready to help you
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Customer reply replied 11 months ago
thank you

You are very welcome. Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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