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I have power of attorney over my parents estate and my sister is trying to get them to quit claim there property to her. Is this legal?
Wiki User
∙ 14y ago
Your parents own the property. What they do with it is up to them. Your power of attorney doesn't stop them from doing what they wish, or what they are convinced to do by someone else.
Wiki User
∙ 14y ago
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My parents conveyed their home by deed to my sister. What would happen if my sister passed away before our parents?
When your parents transferred their property by deed to your sister it became her property. They no longer own it. When your sister dies, the property will be part of her estate and will pass to her heirs-at-law according to the state laws of intestacy or under her will if she has one. You can check heirs-at-law in your state at the related question link provided below.
My sister has died a year after inheriting your mothers estate does this form part of her estate or will it go back to your mothers estate?
The property is now part of your sister's estate.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
Your sister died intestate her children do not want the real property you have been paying the mortgage and would like title to refinance how can you do this?
Your sister's estate must be probated in order for title to the real estate to pass to her next-of-kin. You could purchase the real estate from the estate. Another option would be to purchase the real estate from the children after the estate has been settled. In either case the estate must be probated. You need to speak with an attorney who specializes in real estate and probate law.
MY FATHER DIED 2001 AND LEFT ME AND MY SISTER HIS ESTATE WHICH WAS ONLY HIS HOUSE MY SISTER DIES LEAVING NO WILL SHE HAS 1 SON WHO DOES THE HOUSE BELONG TO?
You will need to contact an attorney in your area who specialised in probate law. They will be able to assist you in determining who the property belongs to.
Sister died leaving property to her mom. Before sister's probate was completed Mom died. Can Mom's executor deed the property to himself if Mom's will gives all her property to her son?
Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
How do you show to courts that im legally on will and permitted to be on property?
me and my sisters are on my deceased fathers will for his estate.My sister is power of attorney .my sister who is power of attorney has got sheriff to remove me from property, when that where i resides. is there any thing i need to do to stop her or permit her from making me leave property?
Is my brothers wife an heir to my sisters property?
It depends on the laws of inheritance in your specific location. Generally, a sister's property would first pass to her closest living relatives, which may include her spouse or siblings. It would be best to consult with a legal professional to determine if your brother's wife is entitled to any portion of your sister's property.
My father is deceased and my mother is still alive but is mentally incompetent therefore my sister has Power of Attorney can my sister take the proceeds from the sale of my mothers home?
Your sister has no power to sell any property your father devised to you in his will. A power of attorney is extinguished when the principal dies. If she had a power of attorney for your father it is no longer effective. Real estate must pass through probate in order for title to pass to the heirs. She has no authority to sell real estate unless she has been appointed the executor, the will gives her the authority to sell the real estate or the court has granted her a license to sell the real estate. You should seek the advice of an attorney, especially if real estate is involved.
Your sister was named executrix of fathers estate with you as alternate can sister refuse to be executrix?
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
Your boyfriends mother died 3 years ago and named his sister as executor of her estate. For the last three years his sister has been renting out the property. What should he do?
No one is a legal executor until they have been appointed by the court. Someone must submit the will to probate court so the estate can be probated. The sister has taken control without any authority. All the siblings likely have an equal interest in the property. Your boyfriend should consult with an attorney who specializes in probate law who can review the situation and explain the options. Legal title to real property cannot pass to the heirs until the will is probated. An attorney should be contacted ASAP.
My mom died. Her property was in trust and my sister as the trustee quitclaimed the property to us. Is the property still protected in the living trust?
You should consult with an attorney in your area who can review the trust and the deeds for validity. The trust must be reviewed to make certain it is a valid trust in your state, that the property was properly transferred to the trust, that the trust provides the trustee with the power to convey real estate and that your sister is the trustee. The deed from your sister as trustee must be reviewed for validity.If the property was "in trust" and your sister had the power as trustee to transfer the property to you both as individuals then it's no longer protected by the trust. It is your individual property and vulnerable to your creditors.
