Power of attorney v executor of will

[Lushmetender]

Hi my DF died recently. He showed my husband the will and my DB. My DB is power of attorney (not sure if lasting point of attorney) and the last we heard DH is executor. DB has gone gung ho with everything with little consultation with everything to do with funeral, bank accounts and contacting solicitor. We are due to go away for a few days and he’s very adamant he’ll sort everything. My basic question is what should happen here? Who should inform
solicitor? Do we inform solicitor with necessary paperwork and solicitor contacts executor and starts probate? We have a property to sell and I’m really concerned re lack of proper discussion here.

Power of attorney ends when the person dies, it's now down to the executor. Do you know where the will is?

Power of Attorney is void upon death and so DB could be acting illegally.

If your DH is executor, your DB shouldn't be sorting everything out.

POA ends upon death. Sorry about your dad.

Government website is good for advice on doing probate. Your brother can't just take over. Why did your dad nominate your DH as executor?

Where is the will?
if you have a copy of the will and dh is named as executor, you can apply for probate yourselves. It’s literally a form to fill in and you get a document saying you can deal with everything.
if the solicitor has the will, he will be in touch, but no harm in calling him.
Anyone can sort the funeral, inform banks etc, but they can’t actually make any transactions

Hi he made DH executor as he thought my brother would get too emotional about it all. a copy of the will was in a drawer at my dads and DB went on same day as he died to get all the paperwork. He’s now saying he’ll contact all these people and talked about a new will. So not sure what that is about. Will we need to pay for funeral until probate is cleared? We’re in Scotland.

PS will is at the solicitors office

He's talking about a new will? Right ... you'll need to ensure the solicitor knows full well your DH is executor and clearly you need to speak to solicitor sooner than later, regardless of a holiday.

It seems a bit concerning that your DB has nabbed all the paperwork before you’ve had sight of it? I would postpone holiday until sorted if your dad has any assets. I’m very sorry for your loss x

Sorry for your loss.

Sadly I have realised just how mercenary perfectly reasonable family members can get over wills. You may need to act quickly, don’t be surprised to find a new will leaving everything to your brother or money missing.