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MELONYwild

Incapacitated adult heir

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1 hour ago, MELONYwild said:

Can a atty take control of an estate if the client is incapacitated and the deceaded husband had written his son as executor and poa in will

 

In the abstract, virtually anything can happen, but your post doesn't clearly explain what's going on.

 

You wrote that the attorney's client is incapacitated, but you didn't clearly explain what the attorney's or the client's connection is to the estate.  Is it the estate of the client's husband?  You told us that the husband's will nominated his son to be executor.  Was the son actually appointed by the probate court to serve in that capacity?  If so, then the wife doesn't have "control" of the estate, so why would the wife's incapacity be reason for the attorney to "take control of [the] estate"?   Is the son also a child of the wife?

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