My Mother has had a stroke of the brain stem and I need access to her finances to pay for her treatment
Sorry to hear about your mother. Since she is not able to execute a Power of Attorney you will need to apply to be her Conservator (over her assets) and Guardian (over her health and welfare--medical and living decisions).
You should contact a Probate attorney in Marshall County to assist you.See question
My in-laws passed away without a will. The estate is to be divided between my wife & her sister. It is in probate and recently the real property was sold. Personal property is all that is left to be divided. My wife asked for a few items. We are b...
Typically, the personal property would be divided among the heirs with their agreement. If there are items that are worth more than others an amount can be assigned to those items and the share deducted from the final distribution.
The Administrator has the final decision of how to divide the personal items and there are many ways to divide the items. Since there was no will, I assume that the Administrator is also an heir so he or she will have some say in how the items are distributed and the charge of those assets.
The Administrator also gets a 5% commission from the cash assets of the estate so he or she may want to get that commission.
Good luck!See question
To avoid probate for my home
You can execute a deed retaining a Life Estate and at your death it will pass to whomever you choose. However, you should be aware that if you want to sell or mortgage your property, you will have to have the approval of whoever you name on the deed to get the property at your death (the remainder interest).See question
house & contents not in dispute. Several Bank accounts, stocks and bonds are in question.
The residuary would be any of the probate assets in the estate other than the house and would be the amount left over after expenses of probating the estate, claims against the estate and funeral expenses.
Probate assets are assets solely in the name of your father. Any assets that are held as joint tenants with rights of survivorship or that have a beneficiary on them (e.g. life insurance policy, POD or retirement plan that names a beneficiary) would not be an estate asset and not subject to the division in the residuary clause.See question
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