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Is an attorney required to do a simple succession? Does an ad have to be put in the paper with a simple succession?

Jennings, LA |

My father passed away in December of 1983. Surviving are my mother and his four natural children and myself (I am adopted). My mother has recently become very ill and made me her POA for health and finance decisions. That all being said she never did a succession when he passed away. The only property left are the home we grew up in and the almost three lots it sits on.

My mother lives on a fixed income so we are trying to find the most economical way to do this.

Thank you.

Attorney Answers 3

Posted

Depending on how the assets were titled between your parents, it may not have been necessary for your mother to do a succession when your father died. Your mother should consult with an estate planning attorney to see about setting things up in such a way that you can avoid probate, upon her death, as well. You were very smart to get the POA in place.

Best wishes to you and your mother!

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

It is great to hear that your mother put a POA in place. That is a great step today. Your most prudent course of action would be consult with an estate planning attorney to get everything in line for your mother. As for the succession, you need to know what form of title the property was held in, if it was joint with right of survivorship, you don't have much to do. The estate planner can help with this too.

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Posted

Both attorneys offer sound advice. If the home was held in joint tenancy then it passed to mom outside of probate. However, you need to get her to an estate attorney to have her draft a will to provide a plan for her estate.

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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