My mother designated a person in the community. That person has now passed away. What are the options? Mother has mild dementia so a lawyer might be wary of her decision to name her son as executor.
Probate can assign an Executor. Probate can't be opened until a few days after death. You or any family member can go in and ask to be Executor. Probate can then assign u. Actually, I think, Probate does not have to assign the one mentioned in the Will. Especially, if a beneficiary objects and has a good reason why the person should not be assigned. Maybe the Executor was the POA and used the principles money unwisely. They would not make a good Executor.
You will need to take the will and your mother to a Trust and Estate Attorney. He or she will examine your Mom for her ability to name her son as executor. I understand the questions, as it is unusual that she did not do that in the FIRST place.
If your Mom seems unable to pass the exams of the attorney then I think that when she dies this will, the assessment of this current attorney you will see, and your presence to apply to manage administration of the will will easily pass muster upon the death of your Mom. If not, the legal next of kin will be appointed, and that is likey you, in any case, right?
Best of luck to you. I am assuming you have read the will and spoken to Mom about her wishes in this matter. And know there is no "second" already named.
If your Mom seems unable to pass the exams of the attorney then I think that when she dies this will, the assessment of this current attorney you will see, and your presence to apply to manage administration of the will will easily pass muster upon the death of your Mom. If not, the legal next of kin will be appointed, and that is likey you, in any case, right?
Best of luck to you. I am assuming you have read the will and spoken to Mom about her wishes in this matter. And know there is no "second" already named.