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A Power of Attorney is a document executed by a living person (the principal) that enables another person, the attorney-in-fact, to act for them in their place. A POA is extinguished upon the death of the principal.
You cannot be appointed the attorney-in-fact for a person who has died. In order to have the authority to settle your mother's estate you must petition the probate court to be appointed the Administrator of the estate.
What else can I help you with?
Both parents are deceased they both had wills The attorney told us to forget the wills and just submit a list of heirs to the county How do we transfer real estate that is owned in Virginia?
You should contact that attorney again and ask his help in settling the estate. An attorney told us the sam thing. He filed a list of heirs and then he drew up a new deed for the real estate that my mother had owned. It was a lot cheaper than recording a will.
How can survivors of a deceased parent obtain the deceased's assets?
The parents' estates must be probated in order for the assets to pass to the heirs legally. You need to consult with an attorney who specializes in probate law in your jurisdiction.
Is the obituary a legal document for listing the legal heirs?
No. The will is the legal document that lists heirs.
What is an affivadit of heirship?
An affidavit that states the heirs of a decedent. An Affidavit of Heirship is used instead of probate when a person dies without a will. http://www.heirship.com/2009/11/affidavit-of-heirship.html
How do you change the name on a deed from a deceased with a living trust?
You need to review the trust document to determine how the land can be transferred by the trustee. You should consult with an attorney who can review the trust and explain your options.
A mother dies and leaves the two adult sons a beneficiary to the estate. The one son is deceased . Does the deceased son's wife get his half of the estate that was left to him?
Typically, whether the deceased son’s wife receives his half of the estate depends on the laws of intestate succession in the jurisdiction and the specifics of the mother's estate plan. If the mother had a will that specified the distribution of her estate and included provisions for her grandchildren or specified that a deceased beneficiary's share goes to their heirs, the wife may inherit. If there was no will and the estate is divided according to state law, the deceased son's share may pass to his children or, if he has none, to his spouse. It's advisable to consult with an estate attorney for precise guidance based on the situation.
Is heirs the decadent of deceased member?
Yes, heirs are typically the descendants or legal beneficiaries of a deceased individual. They inherit the deceased's assets, rights, and obligations according to the laws of succession or the deceased's will. The term "descendant" specifically refers to the direct lineage, such as children and grandchildren, while "heirs" can also include other relatives depending on the legal context.
Can you sell your deceased mothers home without getting an attorney?
If your mother owned the property when she died then her estate must be probated in order for title to pass to you legally. Once the estate has been probated then you can sell the property. However, your mother's debts must be paid from the proceeds before any assets can be distributed to her heirs. You should contact an attorney. Errors made by non-lawyers who try to act as their own lawyers are expensive to correct if they can be corrected.
Grandmother left her house to our deceased parent and her two other children do we inherit the interest of our deceased parent?
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.
Are children of a deceased mother responsible for her utility bills?
The estate has the responsibility to settle all debts, including utility bills, not the heirs. Once that is done, the remainder can be distributed.
Does enduring power of attorney have to disclose financial information to heirs?
There is no requirement for them to disclose information. As long as the power of attorney exists, the grantor is still living and they are not heirs.
What steps should I take to obtain power of attorney for my deceased relative?
To obtain power of attorney for a deceased relative, you will need to go through the legal process of probate court. This involves submitting a petition to the court, providing proof of the relative's death, and demonstrating your relationship to the deceased. You may also need to obtain consent from other family members or heirs. It is recommended to seek the guidance of a lawyer to navigate this process effectively.
