Petition the civil court of that jurisdiction. Go ahead and contact an attorney- you will probably need one to draw up the petition to the court.
Apply for poa
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.
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
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.
The correct office that the daughter could apply for is 'Administrator'. An 'Executor' is only appointed when there is a will.
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
An Administrator has no authority to sell the real estate. They must apply to the court for a license to sell the real estate. The court will consider the petition and if they find the request to be reasonable will issue a license to sell. The license gives the Administrator the authority to sell and convey clear title.
Apply to the appropriate probate court using the correct forms. They are normally available at the courthouse or online.
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
If there is no will then there is no executor. If there is no will then the court will appoint an Administrator for the estate and the Administrator will have the power to collect and inventory the property, pay debts and creditors, distribute the remaining estate and sell the real estate if they apply for a license from the court to do so. The law will direct who will get the remaining assets as the legal next-of-kin and how much each will get.