My father recently passed and my aunt had a petition to probate a will in solemn form drawn up....me and my siblings were left out of the will and everything was left to a dog which was left to her...I don't feel that my father was in the right st...
Was the will filed in the State of Georgia or Alabama? You and your siblings can contest the will in the County that it is filed. In Alabama, you would 6 months from the date the will was filed to contest it. I am not sure what the statute of limitations is in Georgia, so you would need to contact an estate attorney in Georgia about contesting it, if the will was filed there.
Grounds to contest the will would be that he was of unsound mind and didn't know what he was doing or who you and your sisters were and what his estate consisted of. Another ground to contest would be undue influence on your aunt's part.See question
Mom is 91 and still living on her own, but I think she needs to have a power of attorney in place, just in case. If I am given the power of attorney and something happens to her, will I be held liable for her debts?
I agree with the other answer. You are not liable for any debts of your mother that you sign as Power of Attorney or as your mother's Agent. If you sign in your name as Responsible Party, you would be personally liable for the debts.
The POA ceases at your mother's death and if void.See question
If fraud and undue influence is proven in a civil action, does that make it a criminal act that maybe prosecuted? Should it be looked examined criminally first, then consider civil action?
This is a civil and not a criminal case. To have a criminal case they would have had to taken money or exploited her during her lifetime.
Your only remedy is a will contest.See question
No idea where to begin other family says dont open we will lose property. Mother was suppose to inherit the house and land it's on dont wanna lose anything she died 2013
It will depend on whether your mother was on Medicaid and if Medicaid was paying for the nursing home bill. It will also depend on how the property was owned (just in your father's name or if it was Joint Tenants with Survivorship). You will have to probate one of their estates and possibly both, to get the property into you or your siblings names.
Medicaid could possibly have a lien on the property, but that will depend on whether your mother was on Medicaid.
You should contact an Elder Law attorney with Probate and Medicaid planning in your area.See question
He has went to court got temp. Guardinship over the uncle.my uncle and myself went to his bank and had acct. number changed. Now it appears I don't have POA should I change the bank number back. Will I get into trouble for this
Yes you could get in trouble for transferring assets of your uncle under a POA you know has been revoked. Since it appears this matter is in court, you should not do anything with your uncle's assets. Also, if your uncle is in a nursing home he will need those assets for his care and any transfer of them could jeopardize his qualifying for Medicaid if he runs out of money and he needs to apply for benefits.See question
My mom has Alzheimer, my sister went to her attorney and got the p.o.a, I asked her why she did she do that and we are the only children mom has, I told her both of our names should have been on it, she tells me her attorney said she couldn't brin...
Yes, she can. It doesn't mean that it is valid or legal or cannot be challenged but neither she nor your mother have any duty to tell you any of her legal business. She could sign a will and not tell you either. But if she didn't have capacity to know what she was doing when she signed it, it can be challenges.
And if your sister misuses the PoA she can be held liable for that.See question
Her will divides assets equally between four children. Both deeds convey the properties to the children.
If it is real property, you will need to probate the estate in both states. You will probate the main estate in the state where she lived and will probate an ancillary estate where the other property is.See question
I opened him up another account in his name he was present at the bank when this was done. Can he write checks on this new acct.
You can write checks to pay for your uncle's care. You need to save receipts and not use the money for yourself or anyone else. The new account should be in your uncle's name or FBO (For Benefit Of) your uncle.
If he is in a nursing home, there will be questions about his competency and ability to revoke the prior PoA and enter into a the new PoA with you. Also, if he is in a nursing home, Medicaid could come into play if all his assets are spent on his care and Medicaid will have to start paying. There is a 5 year look back period and every check and transfer of assets that has been made in the last 5 years will have to be accounted for.
You need to consult an Elder attorney. Hopefully, an attorney handled the revocation and execution of the PoA's.See question
My uncle is the nursing home his brother inlaw by marriage has gotten temp. Guardianship a few days ago, the problem is I have power of attorney over him that gives me power to be his guardian. Which of us has the guardian rights. Thanks linda
If you are nominated as the Guardian in the PoA, then you will need to file a counter-petiton with the court to request that you be appointed as the Guardian. The court will take that into consideration and give it a lot of weight. The goal of the court is to protect your uncle and make sure that the people are taking proper care of him and making good decisions regarding his health care.
The Temporary Guardianship is good for 30 days now (it was only good for 15 days until the law changed this summer). It would be interesting to know why they applied for Guardianship when he was already in a nursing home. Were there health care concerns that needed addressing, were you taking care of the medical desicions for him? They may be trying to move him.
You do need to seek legal advice asap to be named Guardian.See question
A temporary guardian was appointed to my father (he lives in another state) and we would like terminate that guardianship and become his power of attorney. Can that be done and in what order? My father wants me to be over his affairs. Can he si...
If there is a Guardian over your father, he may not have the mental capacity to sign a PoA to you. To get Guardianship, he would have to have been declared incompetent. You can petition the court to be his Guardian. There will need to be a hearing with notice to you to appoint a Permanent Guardian. There will be an attorney appointed by the court to represent your father's best interest and a Court Representative to file a report and recommendation to the court.
You need to seek legal advice asap.See question