My mother (90 yr old) has a power of attorney with my brother in charge of everything. She told me that she believes the POA takes effect when she passes. She believes that the POA gives him the rights to manage the estate (executor) once she's ...
You are absolutely correct about the POA. It ceases upon death.
As far as what she should do, if she's not competent then you may want to consider a Guardianship to assist her if she is not being treated fairly by your brother. Furthermore, if she's not competent it's too late to do a will.
If she is competent then maybe when she reads this answer she'll believe you and will be ready to get a will. The will controls the disposition of her estate at her death.
My mother died on March 8 2016. I was never notified that she passed away. My older sister is the executor to her will and I have not heard one word from Fayetteville about any probate or inheritance. How can I find out if I was removed from the w...
If someone dies with a will the will must be filed at the Court in the County they died. You can contact the court and procure a copy of the filed will. Upon reading the will you will be able to find out if you were removed.See question
My wife had a heart attack and is currently in a coma she has some brain damage, we have separate bank account, need access to her funds to help pay bills
I agree with the other answers, but I suggest you hire an attorney to take you through this process. It's not just filing forms. There are hearings, evaluations, appointment of a guardian ad litem, future petitions for disbursements ove $250 and annual reporting. Doing this by yourself will bring undo stress and legal liability.See question
My sister in law came to live with us when my mother in law died. She is blind and retarded. She pretty much just sits in a chair all day. She needs a timer to tell her to go use the bathroom. She needs help bathing, dressing and her meals prepare...
I concur with the other answer, but I would recommend that you get an attorney to assist you through this process instead of trying to do it alone.See question
Trying to close the estate
To clear title on the house a probate is recommended. While you don't have to hire an attorney to probate your mother's estate, I would recommend you consider it. Probating a matter yourself can be daunting and often more than just a person's house needs to be probated.See question
My mom passed away back in May and I was her executor. Before she passed she asked us to check into the asbestos law suits because she could very well have been exposed. We entered into litigation with a law firm after her chemical tests came back...
As stated by the other attorneys the EIN/TIN is different than the social security number. You can go online with the IRS to obtain the number. However, in many such estates where a settlement is imminent it's best to have an attorney open up an estate for proceeds that will flow into the estate. Ask the Litigation Team if you should hire an attorney to open the estate and whether they are already working with a NC attorney who can assist you. Typically as part of their service the attorney will procure the TIN number for you.See question
Original beneficiary is in his 90s and in hospice care. He is unable to make financial or legal decisions. Who becomes the beneficiary? The incompetent relative's estate or me?
The Contingent Executor is not a Beneficiary. The Contingent Executor is 2nd in line to handle the administration of the estate through the probate process. The Beneficiary is the person who receives a bequest in the will. Unless you are named as a beneficiary you won't receive anything. Since the 90 year old was alive when the person who named him passed, he or his estate will likely receive the bequest left to him. If he is not competent then his Power of Attorney will handle the money for him. If he doesn't have a Power of Attorney then a Guardianship may be necessary, but you won't likely be the Guardian for this man unless you are a close relative of his.See question
I have power of attorney over my mom's affairs. A relative of mine would prefer to have it. Can this person unilaterally get a power of attorney and invalidate mine without giving a reason why?
Your mom is the only one who can sign a Power of Attorney. She would need to revoke her previously filed POA naming you, before filing a new POA naming someone else.
Only a POA filed at the Court is legally effective.
Moreover, a person must be competent before executing a POA.
He has a will, but when he passes I will need to take care of his funeral arrangements and pay for them Help Help
I agree with the other answers and proffer another solution. I recommend that you and your brother make all of these arrangements together, with a funeral home, before he passes, then at death everything is already in order.
Also, in the NC Health Care Power of Attorney he may select you as the person who orchestrates all of these decisions, so make sure your brother goes to a lawyer who handles Powers of Attorney and Wills to get all of his ducks in a row.
My mother is 92 and is being to show signs of dementia, and some physical limitations>She still lives alone, and my brother and sister feel this is not a safe or healthy environment for. I have her legal POA. We have offered to take her into...
A Guardianship of the Person and Guardianship over the Property will be needed.
I suggest you hire a lawyer to assist you and your siblings to help obtain Guardianship.
This process will require Court Filings, Service by the Sheriff, Appointment of a Guardian Ad Litem for your mom, multi disciplinary evaluations and a Hearing or multiple Hearings at the Court House.
It's a serious procedure in the United States and NC to take away someone's rights to make their own medical and financial decisions and it is best to hire an attorney.