I stumbled across this post, but I am in the same situation,, my father passed away suddenly three days ago,, and having read the papers he did leave,, the will has my mother as the executrix, with me as the second if she is unable to perform as such,, the situation is that she is severely mentally and physically disabled due to a neurological condition which has left her unable to even fed herself. She has been cared for at home by my father and a housekeeper til now. I know i take over as the executrix, and have found out that i also have Durable Power of Attorney for my mother in case of something like this. The house is totallly paid for, no lein on it.
The problem is there is a sizable estate consisting of stocks and IRA's which i cannot find a record of,, yet last i spoke with my father he was still trading. I know he had an accountant, but have not yet found out who he is. Still going thru papers searching. My father filed taxes quarterly, so i know it is nearly that time again. He lived in Texas.
The questions i have are,,
1. How do i invoke the Power of Attorney to pay for my mother's care right now, I also have Medical Power of Attorney it turns out.
2. Is it possible to access the monetary assets while the Will is in Probate,, ?
3. Can the Will even go to probate while we are still searching for the assets?
4. My father created a checking account with me jointly in case of an emergency,, but I can't even find a bankbook showing what balance it has in it,, do i need to show the Power of Attorney to access it now?
5.Is the joint account with my father part of his estate?
I am meeting with the lawyer who drew up the Will, and other documents tomorrow, but am obviously worried about what is to happen with my mother if I can't access the money to pay for her caretaker and Doctors.
thanks in advance for your help.
TEliza