Delegation of Executors Powers

[dominiccas]

Hi all

Here's one to tax your collective legal brains. My Aunt died leaving a correctly signed and witnessed will of which my elderly father (her brother) was made the sole executor. I am the sole beneficiary of the will. My Aunt was a UK citizen but lived and worked in the US for 40 or so years. Among her relatively modest assets was a US SunTrust Bank current account with a balance of $28k. Suntrust have received and accepted certified evidence of my Aunt's death and her will. However, unlike other investments my Aunt held in the US, Suntrust Bank are insisting my father as executor appear in person in Atlanta before transferring the funds to the estate.

My father is elderly, doesn't enjoy flying, and is busy with his work as an architect - he has no wish to fly to Atlanta, although he could physically do so. The whole idea of the executor having to appear in person seems completely 'over the top' but I have offered a compromise of appearing for him in Atlanta. Sunttrust say they may accept this if I can produce some form of official delegation of my father's powers (not duties) authorising me to act for him.

My question is simply, is such a delegation possible - I have no professional capacity in the normally acceptable sense, simply more time and physical ability to withstand the rigours of appearing in person in Atlanta.

I wonder if anyone has experience of a similar situation, or can offer any advice?

Many thanks

Dominic

[Peridot]

Re: Delegation of Executors Powers

Hi Dominic,

How strange! Not heard this one before. I wonder whether your father could have a general power of attorney (PoA) prepared appointing you to deal with SunTrust? It does seem somewhat sledgehammer and nut expecting you to fly out to Atlanta to deal with this. Or maybe your father could appoint a US Attorney under a general power of attorney? I'm afraid I don't have a definite answer as to whether this would work for SunTrust, just some ideas. I definitely wouldn't get the PoA prepared without confirmation in writing from SunTrust, that they would accept this, unless you don't mind a holiday in Atlanta of course!

It may be an idea to speak to someone more senior at SunTrust if you haven't already, just to check exactly what the requirements are and what can be done to deal with the issue, again get it in writing incase there are any problems down the line.

Good luck.

[dominiccas]

Re: Delegation of Executors Powers

Thank you Peridot - it is rather odd isn't?!

The idea of delegating to a US attorney is a novel approach and might be worth exploring - we happen to have friends in Atlanta one of whom is an attorney. So thanks for that suggestion!