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If a father dies leaving adult sons and their niece but has a POA will the sons receive all the property in the estate if father did not have a will?
A Power of Attorney expires at the moment of death of the principal. Once a person dies their attorney in fact loses ll authority and an estate representative must be appointed by the court to settle the estate. If the father died intestate, without a will, and left no spouse, the sons and the children of any deceased child will inherit his property once his debts have been paid. You need to consult with an attorney who specializes in probate law.
A Power of Attorney expires at the moment of death of the principal. Once a person dies their attorney in fact loses ll authority and an estate representative must be appointed by the court to settle the estate. If the father died intestate, without a will, and left no spouse, the sons and the children of any deceased child will inherit his property once his debts have been paid. You need to consult with an attorney who specializes in probate law.
A Power of Attorney expires at the moment of death of the principal. Once a person dies their attorney in fact loses ll authority and an estate representative must be appointed by the court to settle the estate. If the father died intestate, without a will, and left no spouse, the sons and the children of any deceased child will inherit his property once his debts have been paid. You need to consult with an attorney who specializes in probate law.
A Power of Attorney expires at the moment of death of the principal. Once a person dies their attorney in fact loses ll authority and an estate representative must be appointed by the court to settle the estate. If the father died intestate, without a will, and left no spouse, the sons and the children of any deceased child will inherit his property once his debts have been paid. You need to consult with an attorney who specializes in probate law.
What else can I help you with?
What is property handed down from father to child?
Property handed down from father to child is an Estate and whatever is in that Estate such as monies; property or contents of the house; owning cars; boats, etc., is an inheritance to the child named in the father's Wills.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
If your father inherited property without a will how can he be the owner of the property?
When a person dies without a will, the decedent's property passes to heirs at law according to the state laws of intestacy. An estate that has real estate must be probated in order for title to real estate to pass to the heirs legally. Therefore, it is important to make certain the decedent's estate was probated and that title to the real estate passed to your father legally.If your father was the only heir at law of his deceased parent then his title to the property is established through the Probate Court. If you have questions about the title to the property you should discuss the situation with an attorney who specializes in probate and real estate law. The attorney can make certain the estate was properly probated and could draft a deed that can be recorded in the land records to get the property into your father's name.
What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?
Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
When does an heir need legal advice when father dies with no will?
If your father owned any property at the time of his death then his estate must be probated in order for the property to pass to you legally. You should contact attorneys who specialize in probate and request a free consultation.If your father owned any property at the time of his death then his estate must be probated in order for the property to pass to you legally. You should contact attorneys who specialize in probate and request a free consultation.If your father owned any property at the time of his death then his estate must be probated in order for the property to pass to you legally. You should contact attorneys who specialize in probate and request a free consultation.If your father owned any property at the time of his death then his estate must be probated in order for the property to pass to you legally. You should contact attorneys who specialize in probate and request a free consultation.
Did your father have the right to leave a life estate to his second wife if the property is still in his and your deceased mothers name Her will was never probated?
Yes. in many cases it is a requirement of law that the spouse gets a life interest in the property. The property probably became your father's without any need for an estate, as the survivor.
My father made me joint owner of his property before he died and now my siblings want a share of his estate. What should I do?
If your father transferred his property to you and he as joint tenants with the right of survivorship his interest passed automatically to you when he died. You are the sole owner of his property and there is no estate that needs to be probated. He wanted you to own the property. You have the right to explain that to your siblings and turn down their requests for a share of his estate. Depending on the size of the estate, you could volunteer to share but no one has the right to demand a share.
Can the executor of my father's estate transfer his property to herself or her husband?
Only if that is what the will calls for. Normally the property has to evaluated and sold at a market rate.
If your father dies are you and your siblings responsible for his bills?
Your father's estate is responsible for his debts. If he owned any property at the time of his death (including real estate, personal property, bank accounts, etc.) his estate must be probated and that property must be used to pay his creditors. If he owned no assets then his ceditors are out of luck and you should send the bills back with a copy of his death certificate.
Do you have to let your felon brother live in your deceased father's condo?
The answer depends on whether your father's estate was probated and who owns the property now.
You are a daughter and have a power of attorney to sell your parents property when your father suddenly dies?
Your POA expired upon your father's death. His estate must be probated in order for you to have the legal authority to sell the real estate.
