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Parents had joint will left first born as Executor and Medical Power of Attorney Father remarried what are the adult childrens rights?
Wiki User
∙ 14y ago
If your father didn't update his will to accommodate his new wife, she is entitled to receive a statutory share under most state laws in the United States.
The will must be filed for probate and your brother must petition the court to be appointed the executor. If no objections are made to his appointment he will be given the authority to settle the estate according to the provisions in the will, according to state probate laws and according to state laws of intestacy. He will operate under the supervision of the probate court. The family should consult with an attorney who specializes in probate law who can guide the settling of the estate.
You can check your state laws of intestacy at the related question link provided below.
Wiki User
∙ 14y ago
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How does the daughter of a deceased person obtain power of attorney to access medical notes?
The power of attorney only represents a living person. You would need to have a letter of authority as the executor of the estate.
When an elderly has been declared incompetent dementia can the change the executor?
It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.
Can someone have medical power of attorney at the same time be executive to the patients will?
Yes, someone can have medical power of attorney and be named as the executor of a patient's will at the same time. These roles serve different purposes and do not necessarily conflict with one another. Medical power of attorney grants an individual the authority to make healthcare decisions on behalf of the patient, while the executor of a will is responsible for handling the deceased person's estate and carrying out their wishes as stated in the will.
Who is next in line if no power of attorney?
No one because a power of attorney represents a living person. The power of attorney ends with the death of the grantor. They can apply to the court to be made executor, but there is no precedence.
In Ohio who is responsible for a dead spouses medical bills?
In most countries (I expect the state of Ohio would be the same) the debts of a deceased person are normally payed from that person's estate and would be settled by the executor of the estate as part of obtaining probate for the estate. If you are worried (and the estate has an executor) speak to the executor, otherwise seek advice from an attorney if the hospital is coming after you for the money.
Can the executor of the will ask for medical?
If you mean some sort of medical benefits the answer is no.
Is surviving spouse responsible for medical bills in NJ?
Only if she is the executor of the estate. The executor is responsible for all estate debts.
Does a durable power of attorney cover medical and financial issues?
Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.
What is the purpose of a durable medical power of attorney?
The purpose of the durable medical power of attorney is to name another person to make medical decisions on your behalf.
What is the Executor's fee from an estate in New York?
The commission rate in New York is fixed. For each Executor (there can be two, if more, they share the same amount as two would get) it goes like this:5% on the first $100,000 in the estate4% on the next $200,0003% on the next $700,0002-1/2 % on the next $4,000,0002% on any amount above $5,000,000The will can state that the executor must waive the fee, but this means that no bank or attorney will serve. It is only recommended if the executor will inherit from the estate.
Does an executor have to pay old medical bills in TX?
The executor's job is to settle the estate. That includes resolving all of the estate's bills, from the estate, not their own pocket.
Form to resign a medical power of attorney?
Its called a 'Power of Attorney Revocation Form'
