Sep 12, 2013 · Even if your mother had signed a power of attorney before she died, it became invalid the moment she passed away. A power of attorney ends at death. At this point, you would need to be appointed executor (if she had a will) or administrator (if she did not have a will) in order to take care of her estate.
Jul 16, 2021 · Last Updated: July 16, 2021. A power of attorney (POA) can be an important element of planning for your elderly parent’s future. It allows another person to take action on your parent’s behalf, ensuring bills get paid and medical decisions can be made in the unfortunate circumstance that your elderly parent is unable to do those things on ...
Jan 26, 2014 · You need to speak with an attorney. If the house is in your mom's name it needs to go through probate. You have a lot of issues here. To try to find the Will, check her files, contact attorneys she may have retained, look in the check book etc. if no Will and assuming she was not married at death, the estate will go equally to all children.
Hire an Elder Law Attorney. If the bank is acting unreasonably, though, hiring an attorney to place a phone call or send a strongly worded letter to an employee higher up at the bank (i.e. with more authority regarding these matters) may resolve this troublesome issue and grant you access to the appropriate accounts.
If there is no will then your mother's assets are distributed in accord with the statute on descent and distribution. If the deceased had no spouse but did have children when she died all of her estate is evenly divided amongst her children, your mother's house included.
Who owns the home, at this point? You live there, but if the property is still titled in your mom's name, then you have a potential property tax nightmare on your hands and there is a very good chance that the insurance company will deny any claims you might ever make. There is also the potential that your siblings could force you to move. More information is needed to determine how best for you to proceed, but I would strongly recommend your meeting with an attorney to review your situation with.
In California, you can not transfer title to a house without a probate proceeding. Likewise you need probate to have the property taxes billed to you. The county would have refigure the assessed value of the property on your mother's death so there may be a penalty on not informing them timely. You might be able to file for a small estate proceeding but I doubt it if the house is in most places in California because of the limitation on value. You need to read some books on probate written for lay people, such as those by Nolo Press, so you know how to handle the probate. Try again to locate the Will; if she had an attorney prepare it, they might have a copy. You may need an attorney to help you out but try to be appointed personal representative of the estate to avoid most probate fees.
Researching the requirements at your specific financial institution before you need to use POA is your best line of defense against refusal. Especially if your parent has a longstanding relationship with their branch, a quick meeting with the branch manager may provide you with all the information you need.
If the bank is acting unreasonably, though, hiring an attorney to place a phone call or send a strongly worded letter to an employee higher up at the bank (i.e. with more authority regarding these matters) may resolve this troublesome issue and grant you access to the appropriate accounts. If all paperwork is otherwise in order, some attorneys need only threaten legal action and the bank is suddenly very happy to cooperate.
Second, the POA may be “springing.” That means that it will only become effective upon the incapacitation of the principal . Incapacitation must be proven according to the terms spelled out in the POA document. For example, a generic springing POA will usually indicate that at least one physician must have examined the principal and determined they are unable to manage their affairs due to mental incapacity, etc. In such a case, the bank will want to see the POA itself, the physician’s letter (s) and any other documentation needed to satisfy the requirements for activating the POA and giving you the power to act on behalf of the principal.
Take Legal Action: Petition the Court. If you believe that the executor to your loved one’s will is, for whatever reason, not following the directives, you have the right to take legal action. If the will is already in the Texas probate process, then you will need to petition the probate court.
Under Texas law, a will executor has the legal obligation to act in the best interests of the estate’s beneficiaries and to follow the directives contained within the will. If they fail to do so, beneficiaries have legal standing to take them to court.
As a starting point, you should be aware of the fact that an executor to a will is a fiduciary. As explained by the Cornell Legal Information Institute, a fiduciary duty is the highest standard of care in our legal system. Under Texas law, a will executor has the legal obligation to act in the best interests of the estate’s beneficiaries and to follow the directives contained within the will. If they fail to do so, beneficiaries have legal standing to take them to court.
The role of the executor is to make sure that those wishes are carried out. The executor is in charge of taking care of the deceased person’s remaining financial and legal obligations. As a general matter, a properly drafted will ...
However, if the probate proceedings have not yet started, you can petition the court to administer the estate. There are two basic remedies to deal with an executor who is not following the will: Require the Executor to Act: Beneficiaries can petition the court to require the executor to take, or refrain from, a specific action.
With claims against executors, every case is different. There is no ‘one-size-fits-all’ answer. In some cases, you may not need to go to court to get the executor to comply with the directives of the will — there may be a more efficient solution available.
Unfortunately, not all executors follow the instructions in the will. If you are a beneficiary of a will and you believe that the executor is not fulfilling their legal duties, you need to take immediate action to protect your rights.
The attorney accepted $1000 to probate the estate without asking where the will was? That is very odd. Sincerely, Roman Aminov, Esq.
I started to practice law in 1961 when it was fairly common, at least in Illinois, for attorneys to keep copies, perhaps even signed originals of their clients' wills. My father and grandfather had safe deposit boxes full of clients wills. Times have changed.
Did the attorney HAVE the original Will? Did he say that he lost it? MANY attorneys do not keep original documents. Most would keep copies, but not all. I think your first thing would be to prove that the lawyer had the original and not your mother. $1,000 to probate the estate sounds like a HUGE bargain.
An executor, or personal representative, must follow the deceased person’s wishes as they are laid out in the will. Anything done that is not consistent with the will can result in the beneficiaries taking legal action.
Executors have a fiduciary duty to the deceased person they are acting for and the beneficiaries of the will. This means they must act in the best interests of these parties. They must keep proper records of all financial transactions and show those records to residual beneficiaries, should they wish to see them.
E xecutor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated. Feelings of helplessness and lack of control can lead to anger and even ruin relationships. Fortunately, there are things you can do to get executors to act appropriately, although you must understand what the executor is legally required to do and what actually constitutes executor misconduct.
If you truly believe there is some type of executor misconduct, there are ways of handling the situation. The beneficiaries can take the executor to the court, which might result in the court forcing the executor to give a full accounting of financial transactions. The court can also remove the executor or prevent the executor from receiving a fee.
Similarly, if an estate is insolvent, meaning the liabilities are more than the assets, the beneficiaries will not receive a distribution. But there have been cases where the executor has delayed distributing the estate for other reasons.
When family members are appointed as executors, also called personal representatives, stealing from the estate is very common. People can be greedy and having access to money makes it all too easy to use that money for their own pleasure.
Residuary beneficiaries have the right to know what is going on throughout the probate process. However, the executor isn’ t required to consult with the beneficiar ies or keep them updated every single step of the way. Being an executor can be challenging and sometimes beneficiaries confuse ...
If you delay and later find that that there’s a need to probate the will, then your delay will make things exponentially more costly. Moreover, if a will is not filed promptly, necessary witnesses may become harder to locate.
If they continue to refuse to file the will, the judge may order them to pay you all the costs of the suit, including attorney’s fees, and order the person incarcerated until the will has been filed. A will which has been filed under Section 252.201 is a public record, and anyone may obtain a copy from the county clerk.
Probating a will accomplishes three basic ends. It transfers legal title to estate assets, such as real estate; it distributes property according to the wishes of the decedent; and it provides a vehicle for creditors to be paid. Where there are no debts, and if you are able to transfer legal title and distribute property without probating the will, ...
Where there are no debts, and if you are able to transfer legal title and distribute property without probating the will, there is perhaps no legal necessity that the will be probated. However, all wills, whether probated or not, must still be filed with the court under Section 252.201 of the Texas Estates Code.
One option is to have an open, honest discussion with the person. Emphasize the importance of having a financial or health care power of attorney and the negative consequences of not having any powers of attorney in place.
Mentally competent persons of at least 18 years of age should have a will, financial power of attorney, and health care power of attorney in place. It’s also a good idea to consider completing a living will.
If you’re caring for someone with dementia, you may face a legal catch-22 you hadn’t anticipated: they can’t – or won’t – sign a power of attorney. That’s the legal document that allows someone else to make critical medical and financial decisions on their behalf when they’re not able to.
The job of the executor of a will is to handle the estate of the deceased and carry out his or her wishes. This includes paying off debts and taxes, and distributing the assets to the beneficiaries as stated in the will.
Is not suitable (e.g., the executor has a conflict of interest ) Is not competent (e.g., the executor fails to carry out the wishes of the deceased or fails to do anything at all) Mismanages the estate (e.g., steals from the estate or wastes the assets.
Depending on how complex the estate is, the process can take anywhere from a few months to several years. The executor can only distribute the assets after the property is evaluated, and debts and taxes are paid. He or she can be held personally liable if inheritances are paid first and there’s not enough left to cover the debts and taxes.
You may file a civil lawsuit against an executor if you can show that you’ve suffered due to his or her actions (or lack of actions). For example, this would be an option if the executor has stolen funds or failed to protect the assets. Keep in mind that you may be able to settle before going to court.
The executor can only distribute the assets after the property is evaluated, and debts and taxes are paid. He or she can be held personally liable if inheritances are paid first and there’s not enough left to cover the debts and taxes. If you are anxious to receive your inheritance, be aware that the process takes time even when things are going ...