Can I get POA for my incapacitated aunt w/o a living will or anything? I'm her designated family member, there's nobody else.

Hello, If your aunt is already incapacitated, you will be unable to get her consent for a power of attorney or to sign off on an advance...

California Mother passed away. What happens to her estate?

Yes, it sounds like you will need to fully probate her estate if she didn't at least sign an affidavit of holding property in trust for another,...

Can I legally get out of a partnership with my siblings. We are equal partners of our parents estate.

How do you own the property? As tenants in common, joint tenants (possible given you are family), or is it held in the name of the partnership,...

Is an adult with an undiagnosed mental illness allowed to petition the court for a family member to be appointed his guardian?

I agree and also recommend a power of attorney or conservatorship. Here is a link...

Hat do I do if someone is trying to fight the fact that I got 100 of what my dad has now my dads wife is trying to get 50 % of

There are different intestate rules for community property versus separate property when there is no will. Here is applicable code: 6400. Any...

HOW DO I FILE FOR GUARDIANSHIP OF A SIBLING THAT IS INCAPACITATED IN ANOTHER STATE?

You can access a petition online. Here is a sample form. Check with the court where your brother resides to see if they have local forms...

What happens if someone dies with a hand-written will and the executor is not able to deal with it?

As other attorneys have written, you may be able to administer the estate yourself if it is small enough. Here is the statute on point:...

Inheritor has not heard from executor advice needed

The administration of a will is different than a trust. With a will, the court has supervision over the process, and it sounds like independent...

Father passed, had will and trust, but will and trust was in first step moms name

The 2nd step mom may be entitled to receive as an omitted spouse/ have a right to your father's inheritance unless your father intentionally kept...

You are a vested remainder beneficiary and can request from the trustee a copy of the trust terms. See section b: New York Uniform Trust Code...

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