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Statutory Power of Atttorney? |
My mother gave my father P.O.A. over my deceased brothers estate. My father is not my deceased brothers biological father. Now my mom has passed and my dad never did probate. I have an older sister who is the next of kin. She is giving me P.O.A. to handle his estate. Is there a statue to do probate? My dad had over a year and never did probate, also the estate has a value of under $20,000. Once my sister gives me power of attorney can I get the court to overturn a restraining order to hold title in his name and make the necessary arrangemnets to transfer tittle to my name to sell it and finalize his estate. title is for a vehicle fully paid for. Julie-this is hard to answer without knowing where you live. In my state, you can open and close a probate in a day. We have the Uniform Probate Code. You do not need a POA to open the probate. If your sister is "next of kin", she has no special standing just because she's older. In my state, the statute of limitations to do a Will is 3 years, but can be extended. Your deceased brother's estate could be done by affidavit here. You can download the forms off the internet or go to probate court and they will give them to you free. In my state, you would not need a lawyer. I charge about $250-400 for doing a probate. Again, in my state, I'd just give you the form and you could do it yourself. You do not need a POA and I cannot imagine why not need to dissolve a restraining order. However, this sounds very confusing to you, so why not spend a little bit of money to visit an attorney in your area for advice? Your state bar association may have a list of attorneys who give free consultations--my state bar does. you and your sister have no standing |
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