No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Your father can grant him a power of attorney. If he needs to represent the estate, he needs to be appoint executor by the probate court.
The executor of the estate can make arrangements to sell or transfer the stocks.
Hopefully there is a Power of Attorney document as part of your Father's will. There should be some provisions, one would think, that being the executor of a person's estate would automatically grant them privileges such as this. You will need the advice of a licensed attorney no doubt.
Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.
An executor is for someone who has died. What you are looking for is a durable power of attorney.
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
A power of attorney only represents a living person. After their death, the sons will have to have the court appoint an executor for the estate.
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
The right to complain to your father.
No. The father should seek a visitation order and discuss the situation with an attorney.