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If the attorney in fact under a power of attorney for an estate dies does the power of attorney go to his wife or to the other living sibling?
Wiki User
∙ 10y ago
No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.
Wiki User
∙ 10y ago
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What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
A sibling fraudulently obtained parent's home. Now they want to short sell and the realtor is trying to force the other sibling to sign for administrator of the estate. Is this legal?
You should contact an attorney ASAP. If there is an administrator of the estate then contact the attorney who is handling the estate. You have brought forth several legal issues in your question and you need expert legal advice.
What are the other sibling rights to mother's property if one sibling has power of attorney and the other sibling never left home and is over forty years of age?
Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.
Do you need power of attorney to get cable or other bills disconnected?
It depends on whether the person is living or not. A power of attorney expires on the death of the grantor. If they have passed, you need a letter of authority to represent the estate.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
How do other siblings contest if your Mother left no will and one sibling appointed himself as administrator of her estate?
A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another sibling could request appointment and the heirs could voice their approval of that other sibling as administrator. The court will render a decision after considering the testimony and appoint the administrator. Only a court appointed administrator has legal authority to settle the estate. You should consult with an attorney who specializes in probate who can review your situation and explain your options.
Can a sibling sue another sibling for interference with inheritance?
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
If a sibling is going for power of attorney of a parent will other children be notified?
Not necessarily. It's not required.
When a parent dies and has two children and the estate is left to only one what does the other child do?
Legally, assuming duress was not used and the parent was of sound mind there is nothing the sibling can do who was cut out of the estate. Unless the disinherited sibling had some major character issues or had already borrowed his/her share of the estate prior; the sibling who has inherited the estate should split it. From personal experience with a spiteful relative I know this is the best course of action because: 1) It's the right thing to do. 2) The inheriting sibling wants a relationship with their sibling.
What happens if both primary and secondary beneficiary die. Second beneficiary had approved power of attorney to another sibling - what happens then?
A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
Does one sibling is living with a parent that dies have that sibling more rights than other siblings not living with parent at the time of death?
No, both sibling have the same right to inherit from a parent. The parent can choose to give children different inheritances by will.
