Gee...what a surprise...I mean you must be the only people filing bankruptcy that are "strapped for cash"! Bet you think that bankruptcy is a solution too?
Listen, bluntly....clearly YOU - in particular - should never try and get away with anything other than having your own independent advisor. You need it. I feel you don't have a clue. (Again, what a surprise your looking to file bankruptcy).
Why would you think people can or should join together for bankruptcy? What are you going to join...you mean you'll take on responsibility for his debts...AND that's what you want to do? (While actually both of your debts go unpaid...and creditors should accept that)? You want to be responsible for any deception or debts he ignores...or assets he hides too? The list goes on...and on. Wow.
No
Generally, that language means the attorneys-in-fact can sign together or alone for the principal.
Dad is going to have to sign off also. When you have power of attorney for someone, you have to avoid the situation where you sign something to your benefit.
That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.
If the property was owned jointly with her spouse or his name is on the deed, this is community property and he gets half, regardless of power of attorney.
If your spouse granted to you a power of attorney you can sell your jointly owned real estate without their additional consent. You should have an attorney draft the deed to make certain it is proper for your jurisdiction and the POA is also properly drafted.
If you filed a Chapter 7 and it has been discharged your tax refund will not be taken. It will only be taken if you have filed a Chapter 13 and that is entirely up to the Trustee.
Yes, although the POA document should specify if ALL have to act jointly or if any 1 can act alone.
No.
He would have to agree to any sale of property that he owns jointly with you, Unless you have a death certificate for him or he gave you a power of attorney document.
A public program that is jointly funded jointly administered and jointly determined by both state and national government is an example of cooperative federalism.
The best thing to do is for you and her to go to the bank and see what they think about it.