Here's a very complicated problem...
Parents have two separate children: Father has two daughters; mother has three children.
Their will is simple and old. It states everything goes to husband if wife dies, vice versa.
I am Executor and it states whatever is left when they die, everything to be divided evenly. I would honor that totally (that's why I was chosen).
Now, it was called to my attention (by a friend) there was no durable power of attorney - so a meeting was set up (20 years after will was made) and both wanted me to be durable power of attorney as I would split evenly whatever was left had they passed. It was specified by the stepfather to name me.
When they met to sign the papers, the daughter was named as his and me for my Mom. This is not sitting well with my mother, and father is disappointed, but doesn't want to hurt daughter's feelings so is not questioning why it was changed.
I have a problem with that. My mother states when she dies all goes to him; vice versa. If this questionable sibling on his side gets power of attorney, no money will be seen by us if she goes first.
I am Executor - do I have any say in cashing of CDs, stocks, etc.? Does this person just take over and not honor their wishes?
Should my mother start cashing CDs (in both their names) and put some aside for us because she is doubtful it will be divided later?