My brother who does have his last name claims to have power of attorney over my father..while I do not have my fathers last name what type of legal intervention if any is necessary?
You need a NC Elder Law Attorney to assist with this type of interstate planning.See question
Dad had a mild stroke and mind has been affected, but he won't sign it over until he feels like it. If something happens to mom, I won't be able to do anything. Is there anything I can do. What options do I have?
Your mother can prepare a new POA if she's still competent. If not, and your dad isn't able to assist your mom, a guardianship procedure may be necessary to allow you to serve on her behalf.See question
She settled a three hundred thousand dollar lawsuit a month before she died.. she died in LA, CA. I live in NC
The POA is not allowed to keep settlement money procured on behalf of your sister unless said monies were legally given to him or left to him at her death. Because all States have different laws, you will need to contact a California attorney to assist you in determining what transpired and the next steps which may need to be taken.See question
my half sister had power of attorney,now that our father is deceased, can the other siblings contest her right to his estate?
Possibly, it depends on the situation. If the sibling who had the POA did something inappropriate then her actions can litigated or disputed.See question
The executor has informed the probate court that there were no assets. Is there a form that I can submit to the bank or do I have to start a court case? The executor is a family member and is not providing information to the heirs. He had POA and ...
The executor is the only person who has access. If you believe there is wrongdoing, you can petition the court and advise of impropriety. However, hiring an attorney is necessary to take legal action against a person who has misappropriated assets, if you want to retrieve assets. Criminal action may also be taken in some cases where such action is warranted.See question
I need a State Planning Attorney in FAY.
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To find an attorney in Fayetteville go to the Avvo site at avvo.com, then up at the top tab bar push, "Find a Lawyer"; once that is done, in the query bar, put Fayetteville, Estate Planning Attorney.
Best of luck!
Dad died on November 17, 2014. Stepmother want let us have any personal items and she never had a reading of his will.
Request a copy of your father's will from the clerk of court in the county where he resided. If a will was filed then you will see what he wrote, regarding bequests he may have left to his children.
A formal reading of the will is not required.
If no will was filed or bequests were left to you and your sibling, you may want to procure your own attorney to determine what if anything should be done.
Often couples own everything jointly- like a home, bank account etc. if this is the case, then the children often don't receive an inheritance until the death of their second parent. So even if the will leaves a bequest to their children they don't receive anything. Unfortunately, with remarriages often an entire family is disinherited, if their parent dies first, then everything goes to the spouse and the spouse has a will which leaves everything to "their" children.
Will states that proceeds from life insurance that are paid to a designated beneficiary be split between surviving children. Does the money have to be split according to the will or not? If not, are there any legal steps I can take to make benefic...
Unless the policy paid out to decedent's estate or trust, the rule is that the policy beneficiary receives the policy proceeds with no strings attached.
With this said, sometimes the recipient may feel morally bound, knowing decedent's true intent, to follow the directions decedent left in the will, by making a gift out of their policy proceeds to the intended beneficiaries to honor their loved one's wishes.
My great aunt died in 2012, my mom is unable to find her will. My aunt's lawyer also passed away sometime ago. Is there a way to get a copy of my aunt's will?
Check with the county where your great aunt lived and you may be able to find a copy of her filed will. If no will was filed and no probate occurred you have two options, you may be able to contact the NC State Bar and see if an attorney took over for her attorney and kept the records when the first attorney died or you can go up to court to open up the estate, if one exists. However, be careful, you don't want to open up an estate where there aren't any assets to distribute or one where there is a lot of debt. Once you are appointed to handle an estate you will have to handle the estate and go through the process, to no avail.See question
my father in law has less than six months to live and his sister in trying to get him to sign a poa. he can not read. his son is trying to do what his dad wants but the sister wants control. he is depressed, taking morfine, and oxycodone. he has ...
If your father-in-law is competent, even if taking medication, then he may execute a Power of Attorney. However, if he is under extreme duress and then the POA directs his assets to herself, then this matter is ripe for litigation.
Depending on the circumstances, the family may want to proceed with a guardianship procedure, so that the court may appoint someone, under the supervision of the court, to handle your father-in-law's finances during this difficult stage of his life. This would keep someone from taking advantage of him.
Please contact an attorney to assist the family.