You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
Just a guess, Alec, would that be, "what is a Power of Attorney"?
A power of attorney represents a living person. After their death, the estate executor would have the right. Consult an attorney in your state.
The power of attorney only represents a living person. You would need to have a letter of authority as the executor of the estate.
A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.
If your parent is still competent they can sign a durable power of attorney document making you their agent. However, if your parent is already too ill to execute a durable power of attorney then you would need to petition the court of jurisdiction to be appointed guardian or conservator. You should seek the advice of an attorney to discuss your options. It is important that you do so as soon as possible.If your parent is deceased you cannot be appointed under a power of attorney since only a living person can appoint an agent. You must probate their estate.
No, unless you have a power of attorney from your brother. And if your brother is deceased, you would have to be the executor of the estate and have the court's permission.
Generally, yes. You and siblings would receive your deceased parent's share UNLESS your grandmother's will specified that if any of HER children were deceased then their share would go to THEIR surviving siblings. You should have received notice of the probate proceeding as heirs at law. Title to the house will not pass to the heirs until the estate has been probated. You should call the attorney who is handling the estate to ascertain what your interest may be.
Legitimacy is not a requirement. Proof of being the descendant of the deceased is required. This is a case were consulting with a probate attorney in South Carolina would be a good idea. Most will probably talk with you about it for no charge.
A good start would be to consult with an attorney that is familiar with estate law where YOU live. It is different in different places, and there is no better answer that we could offer at this time.
You must obtain a Power of Attorney from your son. He would need to execute a new POA document that grants powers of attorney to you. He would need to revoke the one he granted to his spouse. It cannot be assigned or transferred by the attorney-in-fact not can it be affected in any way by a third party.
No, that would be a breach of fiduciary duty. You can put it into a CD in their name.