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The property should be secured and someone in the family must petition the probate court to be appointed the Administrator of the estate as soon as possible. Once appointed the Administrator will have the power and authority to take control of the assets and perform such duties as paying any bills regarding the real estate (taxes, utilities, insurance), paying creditors, notifying the government and insurance companies of the death, and making distribution to the legal heirs according to the intestacy laws of your state. Until an Administrator is appointed no one has any right to distribute or take any property.
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∙ 15y ago
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Is a power of attorney required to disclaim an inheritance?
No. The beneficiary who wants to disclaim an inheritance should contact the attorney who is handling the estate for the proper way to waive their rights in the estate. It may be more complicated if real estate is involved.
Can a family who privately own a flat sue their local council if flooding from a neighbor who lives in a council flat causes sewage to enter and damage their property?
You need to consult with an attorney who is familiar with the laws in your jurisdiction. The attorney can get more pertinent details, review your situation, explain who has liability and explain your rights and options.You need to consult with an attorney who is familiar with the laws in your jurisdiction. The attorney can get more pertinent details, review your situation, explain who has liability and explain your rights and options.You need to consult with an attorney who is familiar with the laws in your jurisdiction. The attorney can get more pertinent details, review your situation, explain who has liability and explain your rights and options.You need to consult with an attorney who is familiar with the laws in your jurisdiction. The attorney can get more pertinent details, review your situation, explain who has liability and explain your rights and options.
Does an administrator have more say than the power of attorney?
The administrator is appoint after death. The power of attorney represents a living person. The power of attorney ends with the death of the grantor and the administrator takes over.
Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
Can a power of attorney prohibit visitations?
An attorney-in-fact under a Power of Attorney has no power or authority over their principal. They operate at the request of the principal and for the convenience of the principal. They have no power to prohibit visitations. Perhaps you could add more details on the discussion page.
You have joint custody of your grandchild will being the power of attorney of the child also give you more control?
no, having joint custody gives you more control than having power of attorney.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative. On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
Who has more power in the US the attorney general or the secretary of state?
Congress
Can 2 persons be named to living will power of attorney?
While a living will typically does not carry with it a power of attorney, the general rule is that a person can name as many people to have a power of attorney as he/she wishes, but it would complicate matters to name more than one.
Who governs the rights of a tenant?
Your state's laws govern tenants' rights and responsibilities. For more info, or if your rights have been violated, see a tenant's advocacy group or attorney in your area.
If your dad signed power of attorney to a woman whom he was not married do his children have rights to his property?
No type of power of attorney survives the grantor's death. Assuming your dad has died, the power of attorney is null and void. However, if a party is unaware that your dad has died, it is possible that they may not be held liable for honoring it. If this woman knows that your father is dead and is still going around acting on his behalf, you should consult an attorney about stopping her. You should also notify anyone who has possession of (or control over) any of your father's property (banks, investment companies, etc) that he has died in order to protect the property. A power of attorney gives the woman no rights over your father's estate. Only the executor of the estate can control the disposition of the estate's property. Again, if there is some question about who is disposing of his property, it would be wise to consult with an attorney promptly before any more property is lost.
If a person write a letter saying they give you power of attorney is it power of attorney?
It depends on the State that you live. Some States require that certain provisions be in a power of attorney form as well as having a notary sign the document and other States are more lenient and only require both signatures from Principal and Attorney-in-Fact.
