Out Of State Executor???
Q: I have been named executor of an estate in Oregon, but I live in Massachusetts. I am also a beneficiary. I know someone in Oregon who would be willing to help sell the two houses and other property involved and would have been willing to be co-executor but the testator did not name anyone as co-executor in the will. What arrangements can I make to give my friend in Oregon the legal powers necessary to help administer the estate so I don't have to make frequent trips across the country? Is there any way after the death of the testator to have my friend in Oregon named a co-executor? The estate does not have any business interests, it just consists of two houses and their contents, and financial securities. If my friend cannot be named co-executor after the death of the testator, could I grant him a power of attorney instead? Any help would be appreciated.
A: I'm not familiar with Oregon law, but I think that generally it is NOT possible for an executor to delegate authority via a power of attorney. You did not indicate whether formal probate has been started, or whether it is required in Oregon. I strongly recommend that you retain an experienced probate attorney in Oregon to advise you.