It depends on how the deed is drafted whether you will be able to bequeath your 1/2 interest in the real estate at your death. If the deed gives you a 1/2 tenancy in common interest then you may will your 1/2 interest to anyone you want. If however, you signed a deed as a joint tenant with right of survivorship, then upon your death your interest would go to your daughter and her husband. The only way to change that outcome is to draft a new deed in tenancy in common, but that would require...
This is True. The Power of Attorney ceases upon death. Now it's time to move to the next permission slip, the will. There are many different documents that serve as permission slips at different times. We have a Health Care Power of Attorney to make health care decisions while someone is living, a Durable Power of Attorney to make financial decisions while someone is living, a HIPAA form to speak to the doctor, pick up prescription and waive privacy on protected medical information, a Living...
The child who watches a parent in these circumstances is often misunderstood by the other children. Unfortunately, anyone can allege wrongdoing, at anytime.
Your job is to protect your mother and your family from these allegations.
The best way to do that is to hire an attorney.
When the attorney assesses the entire situation advice can be given about the account.
Please see an Elder Care Lawyer. If you sell a car you need to get fair market value, or the sale will be considered a partial gift which will penalize your mother from care. In NC you are allowed to keep one vehicle. Their are many things people don't know when negotiating sales and care for a loved one and the right legal help can be invaluable to make sure that the assets are handled correctly and the best care can be obtained.
If an agent under a power of attorney is acting inappropriately then court action is required to remove such individual and procure the assets which have been misappropriated. I suggest that you contact an attorney immediately to put a stop to this behaviour.
I can't tell from your question whether the will was filed after your father's death, but based on my understanding of your question, you have options. You need an attorney to intervene on your behalf to advise the court what is going on and name a new personal representative to settle the estate. You have a right to see all of the documents and receive an accounting of everything in the estate.
The trust will be part of your future estate plan, but first I would recommend discussing your investment strategies and goals with a certified financial planner. The planner will be able to work with you to make sure the your money is invested to accomplish your personal goals. Estate planning should be part of this strategy and a trust may be the answer or it may not. Seeking the advice of an estate planning attorney will be an important part of your plan, but the money your receiving should...