Can my sibling be both executor of estate AND poa for another sibling?

[6seven8]

(Michigan)
There are 3 siblings as beneficiaries in mom's will. One is personal representative/executor in that will/for the estate. The house was quit-claimed to the three of us, so as I understand it, the house is no longer a part of the estate, and the 3 of us own the house evenly/jointly, and so their executorship role in the estate doesn't pertain to the house.
This sibling recently informed me that they would be signing the closing paperwork for the third sibling, who lives somewhat remotely, as their poa. This same sibling just solicited these same poa services to myself, "in the interest of saving time and money" as I live even further in another state. I will not be accepting this offer for several very good reasons.
My question: Is it a conflict of interest or otherwise illegal for the one sibling to be both executor of the estate (where they are also one of 3 beneficiaries) as well as poa for another joint owner of the house asset?

 

[Zigner]

No -

And why wouldn't you accept the same offer?

 

[6seven8]

No -

And why wouldn't you accept the same

I want to see the documents myself in front of me, amounts, etc. And I have questions about how the checks are to be made out...

 

[zddoodah]

There are 3 siblings as beneficiaries in mom's will. One is personal representative/executor in that will/for the estate. The house was quit-claimed to the three of us, so as I understand it, the house is no longer a part of the estate

Well...maybe. You wrote that one of your siblings "is [the] personal representative/executor in that will/for the estate." Does that mean that this sibling was both nominated in the will and confirmed/appointed by the probate court to serve as PR/executor? Were all of the estate debts paid before title was transferred to the three of you? Did the probate court approve the transfer? If there are still debts, are there sufficient liquid assets in the estate to pay them? Is the PR/exec represented by counsel?

This sibling recently informed me that they would be signing the closing paperwork for the third sibling, who lives somewhat remotely, as their poa. This same sibling just solicited these same poa services to myself, "in the interest of saving time and money" as I live even further in another state. I will not be accepting this offer for several very good reasons.

I assume one of those reasons is that the "remoteness" of where you live is completely irrelevant in the day and age of email and electronic signatures, right?

My question: Is it a conflict of interest or otherwise illegal for the one sibling to be both executor of the estate (where they are also one of 3 beneficiaries) as well as poa for another joint owner of the house asset?

The potential for conflict obviously exists. As long as the sibling who gave the POA was of sound mind, however, there's nothing illegal about it. That said, the fact that it's not illegal doesn't mean it's a good idea, but it's not really any of your concern.

 

[quincy]

My grandparents’ house in Michigan was dealt with this way as their children were spread out across the country and were unable to all gather together for the closing.

Documents can be sent by email for review.

Do you trust your siblings?

 

[6seven8]

The sibling was nominated/named in the will as executor. I don't know if they were ever confirmed/approved by probate Court. I would like to know how to find out. My questions to them about whether or not they are in fact acting as executor with regards to furniture sales, car sales, and distributing cash to the 3 of us have gone unanswered. Can they still do these things without having been approved? Or might it be to their advantage to make a point of not getting approved for purposes of avoiding the type of conflict of interest I asked about?

 

[6seven8]

My grandparents’ house in Michigan was dealt with this way as their children were spread out across the country and were unable to all gather together for the closing.

Documents can be sent by email for review.

Do you trust your siblings?

Can't the documents be received, reviewed, signed, notarized, and sent back, all through email?

 

[quincy]

First, I am sorry to hear about the death of your mother. It sounds as if she planned well for her death by having a will and transferring the house to her children prior to her death.

Because the house belongs to you and your siblings, it is not part of your mother’s estate. It can be sold without court involvement. The proceeds from the sale would be split 3 ways, after all costs (e.g., realtor, attorney, closing costs) are deducted.

Did your mother live in Michigan, or is that where you live? How far away do you live from the house?

 

[adjusterjack]

The sibling was nominated/named in the will as executor. I don't know if they were ever confirmed/approved by probate Court. I would like to know how to find out.

You can look up the probate case file in the county probate court where your mother lived and the house is located. You can probably pay a fee with a credit card over the phone and have the file copied in full and sent to you by over night mail.

My questions to them about whether or not they are in fact acting as executor with regards to furniture sales, car sales, and distributing cash to the 3 of us have gone unanswered. Can they still do these things without having been approved?

Possibly some of them. Furniture, household goods, other valuable personal property could be sold under color of ownership and a buyer paying cash probably wouldn't care. A car that is titled to your mother would need some sort of authorization for a buyer to accept it from a non-owner. Cash in banks would also need similar authorization.

If the estate is big enough and you suspect problems you would be wise to consult a probate attorney of your own who is located where the probate court is.

 

[Zigner]

Can't the documents be received, reviewed, signed, notarized, and sent back, all through email?

What did the folks handling the closing say when you asked?

 

[LdiJ]

(Michigan)
There are 3 siblings as beneficiaries in mom's will. One is personal representative/executor in that will/for the estate. The house was quit-claimed to the three of us, so as I understand it, the house is no longer a part of the estate, and the 3 of us own the house evenly/jointly, and so their executorship role in the estate doesn't pertain to the house.
This sibling recently informed me that they would be signing the closing paperwork for the third sibling, who lives somewhat remotely, as their poa. This same sibling just solicited these same poa services to myself, "in the interest of saving time and money" as I live even further in another state. I will not be accepting this offer for several very good reasons.
My question: Is it a conflict of interest or otherwise illegal for the one sibling to be both executor of the estate (where they are also one of 3 beneficiaries) as well as poa for another joint owner of the house asset?

No, and it is not an uncommon thing to happen either.

 

[zddoodah]

The sibling was nominated/named in the will as executor. I don't know if they were ever confirmed/approved by probate Court. I would like to know how to find out.

Check the records of the probate court where your mother lived at the time of her death. If the sibling was never confirmed by the probate court, then he/she has no authority as admin/exec.

My questions to them about whether or not they are in fact acting as executor with regards to furniture sales, car sales, and distributing cash to the 3 of us have gone unanswered. Can they still do these things without having been approved?

Out of curiosity, are you uncertain about your sibling's gender? In any event, any person with access to furniture and cash con do just about anything with it. Transferring a motor vehicle title should not be possible for anyone other than the owner on title, unless the other person has an order from the probate court confirming him/her as admin/exec (commonly called "letters testamentary"). Note that "can" and "may legally" are different things.

Or might it be to their advantage to make a point of not getting approved for purposes of avoiding the type of conflict of interest I asked about?

Given my prior response, you should know the answer to this, and failing to get confirmed creates other, more serious issues.

Since you're obviously not local, your options are to sit back and live with whatever happens or retain a local attorney to investigate and advise you.

 

[quincy]

Another option is to travel to the mother’s state. Considering all of the concerns 6seven8 has over the closing on the house and the administration of the estate, and 6seven8’s apparent distrust of his/her sibling, that might be the best way to get the clarification s/he needs.