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

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.

Jennings, LA -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
Answered

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... more
Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
Answered

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.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
Steven J. Fromm

Steven J. Fromm

Estate Planning Attorney - Philadelphia, PA
Answered

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... more

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