If your sibling died before your mothers death and has been named as a beneficiary in your mothers will then your dead siblings family may have a claim to her or his legacy but it depends on the wording used when the will was drawn up and so really the will would need to be taken to a probate lawyer to be defined and eplained before you or any of the other siblings take your share of the estate.
Mother, if you mean wife of the deceased husband.
NO
You need to consult with an attorney who can review the title and how it was created. If the sibling was unmarried and without children their interest may pass to you. However, you may need to probate their estate. If there is a surviving spouse or children of the deceased sibling the situation becomes more complicated. The attorney can advise you of your options under your state laws.
The POA becomes invalid when a person dies.
Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.
Retirement Benefits after Death?NO. Retirement benefits cease once a person dies and therefore would not be part of an estate. When a person Dies, they are no longer considered "Retired", They are after death considered "Expired".Life insurance also is not part of an estate unless there is no named beneficiary. The proceeds of a life insurance policy belong to the beneficiary named on the policy, Not to the deceased nor to the deceased estate.
the mother named jennifer parker who is mollys real mom tht died of cancer
Read the intestacy law for Tennessee. In most cases the sibling is going to get the estate. In some case the nieces and nephews may get a part of it.
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
The former domestic partner would have no legal standing. Biological relatives will be favored by the court unless there are extraordinary circumstances.
You are not normally responsible for your mother's medical bills after she dies.