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My aunt has misappropriated funds for the last 2 years. She is sole beneficiary due to power of attorney. I am legally adopted and have been intentionally omitted?
Wiki User
∙ 14y ago
Your question contains numerous inconsistencies. No one is a beneficiary under a Power of Attorney. A POA expires upon the death of the person who granted it. No one has any rights in an estate until the estate has been submitted to probate court and an executor or administrator has been appointed by the court. The estate must be distributed under the supervision of the court according to the provisions in the will and the state probate laws, or, according to the state laws of intestacy if there is no will.
If you were legally adopted and your adoptive parent has died then you may have rights to a share of the estate even if you were omitted from the will. You may have a right to claim against the will or you may have a claim under the laws of intestacy if there was no will. You should consult with an attorney in your area who specializes in probate. She/he could review your situation and advise you of your options under your state laws.
Wiki User
∙ 14y ago
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WHAT IF THE Will says share and share alike my name is not shown as a beneficiary am i entitled?
If the will directs that the children should share equally in the estate and you are a biological or adopted child of the decedent who was inadvertently omitted from the will then you can claim a share. You should speak with the attorney who is handling the estate. You can probably be added as a beneficiary by simply submitting a form to the court along with proof of your relationship (birth certificate or adoption papers.)
Can you ask for custody of your children after adoption?
After they have been adopted . . . no. Not unless there was fraud involved in the adoption. If you have questions about your children's adoption you should consult with an attorney who specializes in custody and adoption. The attorney can review the details and explain your rights and options, if any.After they have been adopted . . . no. Not unless there was fraud involved in the adoption. If you have questions about your children's adoption you should consult with an attorney who specializes in custody and adoption. The attorney can review the details and explain your rights and options, if any.After they have been adopted . . . no. Not unless there was fraud involved in the adoption. If you have questions about your children's adoption you should consult with an attorney who specializes in custody and adoption. The attorney can review the details and explain your rights and options, if any.After they have been adopted . . . no. Not unless there was fraud involved in the adoption. If you have questions about your children's adoption you should consult with an attorney who specializes in custody and adoption. The attorney can review the details and explain your rights and options, if any.
Can a adopted child inherit if not name in will in sc?
An adopted child inherits the same as if they were a natural child. In the eyes of the law an adopted child is the same as a natural born child with the same legal rights and privileges. If they were adopted after the will was made, they will certainly be in a position to contest it. Consult an attorney in Sourth Caroline for the specifics on how the law is applied in that state.
Can the mother of your adopted niece revoke a power of attorney?
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
If there isn't an attorney for a trust whom does the executor answer to if they are not doing the job of disbursing the assets?
I'm a little bit confused by the terms, but what I think you're asking is who does the trustee answer to in terms of doing his job properly. The answer is the beneficiaries of the trust. A trustee owes the beneficiaries a fiduciary duty to administer the trust property only for the benefit of the beneficiary. If a beneficiary feels that the trustee is not doing his job properly, the beneficiary can take it up with the court or in some cases, depending on the terms of the trust, can remove the trustee and appoint someone new to take his place. If you are in a state that has adopted the Uniform Trust Code, the trustee also owes the beneficiaries of the trust an annual accounting of the trust funds so that the beneficiaries can see exactly what the trustee is doing with the funds. I'm in Missouri and we are a UTC state. There are 20 other states including Kansas, Nebraska, Wyoming and several others, which have adopted the UTC. Check your local law to see if your state is one of them.
Does the adoption of a child over ride the Last Will and Testament of that person who adopted her?
It will depend on the specific circumstances. An adoption after the will was written will affect the distribution. The court will treat the adopted child like they were a natural born child of that person. consult a probate attorney in your jurisdiction.
Can a step-dad keep a grandchild away from the grandparent?
If he has not adopted, he probably has no legal rights. You should talk to a local attorney. They can give you the best answers for your situation.
If adopted as child now adult can i pursue inheritance?
On the limited information in your question, we can not advise you. You will need to go and seek the services of a qualified solicitor (attorney) for advice.
Can a power of attorney name a new beneficiary on a life insurance policy if the old one is deceased?
An attorney-in-fact has broad powers under a POA unless the principal limits the powers by granting only specific powers. You need to review the POA document to determine what powers were granted. If no specific powers were recited then you must check the statutory powers granted to an attorney-in-fact under a POA in your state. POAs are governed by state law.
Can an adopted person make a claim on his biological father's estate?
Whether an adopted person can make a claim on his biological father's estate depends on the laws of the jurisdiction where the father's estate is being probated. In some jurisdictions, adoption may sever the legal relationship between the biological parent and the adopted child, potentially affecting their right to inherit. It's best to consult with a legal professional in the relevant jurisdiction for specific advice.
Can you have the right to see your child after giving up your parental rights and how can you get them back?
No. You have no parental rights after you have relinquished them legally, i.e., you have no right to see the child. Whether you can get your rights back depends on the circumstances. You should consult an attorney who specializes in custody issues. If the child was adopted it is not likely you can re-establish any rights.No. You have no parental rights after you have relinquished them legally, i.e., you have no right to see the child. Whether you can get your rights back depends on the circumstances. You should consult an attorney who specializes in custody issues. If the child was adopted it is not likely you can re-establish any rights.No. You have no parental rights after you have relinquished them legally, i.e., you have no right to see the child. Whether you can get your rights back depends on the circumstances. You should consult an attorney who specializes in custody issues. If the child was adopted it is not likely you can re-establish any rights.No. You have no parental rights after you have relinquished them legally, i.e., you have no right to see the child. Whether you can get your rights back depends on the circumstances. You should consult an attorney who specializes in custody issues. If the child was adopted it is not likely you can re-establish any rights.
What is the climax of lady Margaret's ghost?
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