samantha

[samantha5]

undefinedWhat is the name of your state? New Jersey
My father recently passed away. Although my mother is still alive, I am the executor of his estate. When my mother passes, I will be the executor of her estate. Everything was held jointly in their names, except the car. I probated the will because of the car. My brother has indicated he wants to be the administer of my mothers property. What is the difference between executor or administer? My mother's doctor has indicated she has dementia, although for the most part, she still functions quite well. I want to protect my mother. I don't think my brother has the same interests. What do I do?

 

[seniorjudge]

An executor is administering a will; an administrator is administering an estate where there is no will. The generic term for both is personal representative.

If ma named you as executor, she cannot change that now since she is incompetent.

Tell your brother to bite rocks.

 

[noname87]

Are you sure your brother is not trying to gain control of your mother assets? As I understand it (I am not a lawyer, just someone who was just in your situation), an executor is responsible for carrying out the terms of the will (collecting and protecting assets, paying bills, filing tax/estate returns, distributing asset etc). Until the person dies, the executor has no power over the assets. Once your father estate is closed then you no longer have any legal control of the assets passed to your mother until she dies.

Talk to a lawyer. Even though your mother has dementia it does not imply that she is incompetent. How severe is her dementia? Can she make decisions and understand their consequences? A lawyer and her doctor should be able to determine if she is legally competent. In my case, my mother had some dementia but was still consider legally competent.

What is important is who has the power of attorney. They are the one who control the assets and hopefully will look out for the best interests of your mother. If this does not exist, see a lawyer to discuss the options. Also a medical power of attorney (not sure if this is the correct term) should also be created along with a Living Will. The first gives a person the right to make medical decisions for your mother if necessary. The second outlines your mother wishes concerning end of life medical decisions.

When it comes to these issues, you need to do it right, See a lawyer.