Estate Planning Lawyers for Fishers, Indiana

I would say yes, especially if it is in the power of attorney that they can be compensated. If you want to reduce that down to a payment agreement, you can; it may not be necessary, but you can definitely do that. I would start with the durable power of attorney first!

Yes, a power of attorney can typically be revoked, provided you are mentally competent. Since you mentioned that you have recovered from the disability and no longer trust your brother to act in your best interests, you should be able to revoke the power of attorney and regain control over your financial affairs. You or an attorney can draft a Revocation of Power of Attorney, provide to your brother, banks and other entities to inform them of the revocation.

Does the will have a provision that states who will receive your aunt's assets if your mother predeceased her? If not, I believe the rules of inheritance found in the New York Statute will govern. https://www.nysenate.gov/legislation/laws/EPT/4-1.1. Your sister needs to go to the Probate Court and/or consult an estate attorney.

You don’t have to name a family member as the executor of your will. In many cases, choosing someone outside the family is not only allowed but actually a smart move. With one notable exception, no U.S. state requires your executor to be a family member. What matters most is that the person is trustworthy, capable, and legally qualified to handle the role. Why someone outside the family might be the better choice For some people, appointing a friend, a professional advisor, or even a neutral third party just makes more sense. They’re often less emotionally entangled in family matters and better equipped to make level-headed decisions during what’s usually a tense and emotional time. Also, if they have relevant experience, like being an attorney or financial planner, they may already understand what the job entails. What the law actually requires Legally speaking, most states just require that your executor be at least 18 years old and mentally competent. From there, it’s mostly about whether the person is willing and whether the state has any disqualifying rules, such as felony convictions or certain types of misconduct. Some states are stricter than others on that point. Watch out for location-based restrictions Every state allows non-family executors, but a few have extra rules for people who live out of state. For example, your chosen executor might have to post a bond, work with a local co-executor, or name someone in-state to receive official documents. Florida is the sole exception. It generally limits executors (technically called “personal representatives” there) to relatives or their spouses. But that’s the exception, not the rule. A few things to think through Choosing an executor isn’t just about who you trust. It’s also about who can realistically handle the responsibility. They’ll have access to all your financial info, need to manage assets, pay off debts and taxes, and make sure everything is distributed properly. That’s a lot to take on. Also, consider how far they live. While distance isn’t always a deal-breaker, having someone nearby can make things easier, especially when there’s paperwork to sign or property to manage. And then there’s the family piece. If you pick someone outside the family, be prepared for possible tension. Even if your choice makes perfect sense, relatives may feel hurt or suspicious. If you’re concerned about that, it’s worth having a conversation in advance to explain your reasoning. What about compensation and other options? Executors are entitled to compensation for their time and effort, usually a percentage of the estate’s value (often 2 to 5 percent), depending on the state. Just keep in mind that executor fees are considered taxable income, while inheritances typically are not. If you’re trying to strike a balance, you can name co-executors, such as a trusted friend and a family member. This can help keep everyone involved while making sure the job gets done right. Just be aware it can slow things down, since both have to agree on major decisions. And if your estate is especially large or complicated, you might want to bring in a professional fiduciary, such as a trust company, bank, or estate attorney. They charge more, but you’re paying for deep experience and institutional reliability. Before you lock in your decision, here’s what to do: 1. Double-check your state’s requirements, especially if the person lives out of state. 2. Talk to your chosen executor to confirm they’re willing to take on the role. 3. Name an alternate in case your first pick can’t serve later. 4. Spell out compensation clearly in your will, or reference state guidelines. And finally, it’s always smart to run your estate plan by a local attorney or an attorney here on Contracts Counsel. State laws can vary more than people realize, and a quick legal review now can prevent a lot of headaches later. At the end of the day, choosing the right executor is about trust, competence, and clarity. Whether they’re family or not, you want someone who can step in and carry out your wishes with care and professionalism.

You can certainly go ahead and fill out simple forms to complete some easy estate planning documents like wills, but for more complicated documents like a trust (which is required if you want to avoid probate) it can get a little trickier. Further, anyone can fill in the blanks, but an experienced attorney will be able to explain what the document does and how it meets your wishes best. Hope this helps.