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My uncle is dying of liver cancer. As executor of his mother's estate, he makes sure property taxes, for the farmland, etc. is paid for from the estate. My uncle, my mother and my aunt all inherited parts of the four farms from their mother. When the cotton is sold, a check for an equal amount is sent to each sibling. I don't really understand how this estate has operated since my grand-mother died in 1997, but I know that he still has responsibilities which need tending to. As my mother's Durable POA and sole beneficiary of her will, I'd like to know what to do. I'm not sure, if it will help any, but I do have a copy of my grandmother's will to see if a back-up executor is listed. If not, then what needs to be done? I'm not waiting for him to die because I'm already getting mail that shows me that some things are not being done because he is no longer able.

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Bettithelawyer,

Today, I called my mother's sister. She said the family was not so organized to have a secondary person listed nor was it any concern for her sister in law has been writing the checks and my uncle signing them, plus they have a good lawyer who knows them and some other good person connected to all of the farm land which struck me as tangential.

I told her that while this all sounded great, it was obvious to me that my uncle can no longer sign anything and this was a legal matter of a court appointed executor and it is best to be legal. She blew me off saying for me not to worry like I was one of her former 3rd grade students.

I knew my grandmother well enough to know that she was far more of a good business person and well organized than my grandfather. I have a copy of the will and sure enough, she planned for such an event. She plainly stated that if my uncle is not able then my mother should do his job. My only question now is concerning my role and authority in acting in her behalf as her Durable POA. I called my mother's lawyer and he's not sure about the Durable POA making me a substitute for my mother in this, but said it was right to contact the clerk of superior court in that county which I will do very soon.
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No, he does not realize that various things are not getting done because he is no so much pain meds; constantly in bed; sleeping more and more; and his limited speech is almost incoherent. I'm going to check the will today for a successor executor. I will probably need to petition the court where it is still being probated. My wife thinks that I have no business doing this since I'm only my uncle's nephew but not his sister who might want to do this nor my mother who is incapable of doing this. Sorry, this sort of thing is not for family members to decide over coffee. It's up to the court to appoint. So, in my opinion anyone who wants to can petition the court. First, though I will look at the will. If there is no one listed, I'm going to petition the court and let mom's sister know that I have and tell my aunt as well but she is overwhelmed right now with her husband's ever nearing death. We don't need to wait for him to die before a new executor is appointed. I've already seen evidence of some things not being done for my mother has been keeping an eye on him by having copies of things sent to her which now come to me.
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Does your uncle realize stuff isn't getting done? Is he willing to step aside? Check the will for a successor executor. If there isn't one, you may need to petition the court where the will is being probated to appoint a new executor.
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