QUESTION
What are my rights to my father’s properties after he passed without a will but has given my sister the power of attorney?
Asked on Sep 09th, 2012 on Estate Planning - California
More details to this question:
My father was in the hospital several weeks ago and my sister was given power of attorney. He has just passed. He owned his mobile home. I just found out she filed paperwork to have her name added to the title/ownership. He also owns a truck with no payments. He had a life insurance policy. She is not involving me on anything.
29 ANSWERS
Without a will, heirs of the same degree you and your sister share equally. If your sister does not open an estate you can petition to do so. The power of attorney expired when your father passed, so your sister has no more authority than you have. Try to meet with her and discuss matters calmly you may be able to file an expedited estate matter because of the limited assets. Better yet, hire an experienced attorney to speak to her for you.
Answered on Sep 19th, 2012 at 10:13 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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A power of attorney is not valid after the death of the principle. If your sister uses it after death to transfer property on your father's behalf she is committing fraud. However, if she added her name to the title during your father's lifetime, there may be little you can do unless you can prove that was not your father's intent. Speaking at least to Texas Law, if you are concerned you are being denied your rightful inheretance, file your own application for probate in the probate court where your father resided.
Answered on Sep 18th, 2012 at 3:59 PM
Power of attorney terminates with death. If she transfered the assets while he was still alive, however, those transfers will be valid, and very little you can do. If she is doing things with the power of attorney after his death, those transactions are impropper and can be voided.
Answered on Sep 18th, 2012 at 1:11 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The power of attorney is no longer valid after a person dies. If the individual used the power of attorney to put property in her name, this is self dealing and a violation of her fiduciary duties. You should contact an attorney.
Answered on Sep 18th, 2012 at 12:33 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Uh oh. The power of attorney lapsed once your father passed, but actions your sister took pursuant to the power of attorney might be upheld by the court. Of course, the purpose of the power of attorney was to take care of your father's expenses, not to make gifts to your sister. You should consult an attorney about your rights.
Answered on Sep 17th, 2012 at 11:48 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The power of attorney expired when he died.. You have a right to an equal share of the estate if he did not have a will. Please contact an attorney.
Answered on Sep 17th, 2012 at 11:44 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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A power of attorney is of no force or effect after death of the principal. If your father had only the two children and was not married at the time of his death, then you each are entitled to half.
Answered on Sep 17th, 2012 at 11:32 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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The power of attorney terminates upon your father's death. You should consult with an attorney to determine your rights and remedies.
Answered on Sep 17th, 2012 at 10:57 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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At this point, your sister has not legal rights. The POA terminates upon death. If she added herself to the title, that was a breach of fiduciary duties and she could have problems if you take it to court. I would suggest that you try to contact her and see if you can work this out. A letter would probably be best. If she refuses to respond, then a letter from an attorney would be the next step.
Answered on Sep 17th, 2012 at 10:56 PM
3 Awards
Once he is deceased the power of attorney is no longer valid. With regard to any transfers during life, you need to speak with an attorney to discuss your rights. Important factors include the type of power of attorney she had, his capacity at the time he made the power of attorney and the actions that she took. The facts are very important here. Each case presents different facts. You should consult with an attorney in the State where your father resided.
Answered on Sep 17th, 2012 at 10:55 PM
The power of attorney is no longer valid. His property will pass by intestate succession which provides for property to be divided equally among the children when there is no spouse.
Answered on Sep 17th, 2012 at 10:53 PM
A durable power of attorney is effective during the lifetime of the principle, or person who made the power of attorney. The authority of the power of attorney ends at the death of the incapacitated principle. An executor named in the will or appointed by the probate court is the person who takes care of the deceased property, and they receive that authority from the probate court. Therefore, your sister is exceeding her authority, and I would advise getting an attorney to start the probate process and fight for your rights as an heir.
Answered on Sep 17th, 2012 at 10:46 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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Once your father died, the Power of Attorney became void. You or your sister or other sibling need to file in Surrogate's Court to be appointed Administratrix of his estate, which has significant responsibilities, including marshaling all of his assets, paying all of his debts, and distributing the rest among his children.
Answered on Sep 17th, 2012 at 10:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are entitled to one half of his property or its value, and a share of the of insurance policy if you were named as one of the beneficiaries.
Answered on Sep 17th, 2012 at 10:44 PM
Thomas Edward Gates
If your mother is not alive, the children would share equally in your dad's estate. You can file a complaint with the court concerning the title revision. The life insurance would transfer per the beneficiary designation.
Answered on Sep 17th, 2012 at 10:38 PM
Estate Planning Attorney serving Simi Valley, CA
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Carmen B. Marquez, PC
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Once your father passed away, the power of attorney has no power. If he left no will you and your sister are his heir and would divide anything left in his estate between the two of you. However, if she made those transfers while he was alive with a valid power of attorney, those items might already be hers.
Answered on Sep 17th, 2012 at 10:38 PM
Neal Michael Rimer
Have you talked to you sister? What is her intent? Notwithstanding the issues with your sister, a power of attorney has NO effect after a death. Also, a person holding a power of attorney can breach their fiduciary duty by taking assets of the principal. It sounds like you need to retain an attorney at this time and avoid future litigation if possible. Without a Will, your father's property would go equally to his kids. A probate may be required.
Answered on Sep 17th, 2012 at 10:37 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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First of all, I am sorry for the loss of your father. I assume that your father was not married at the time he passed away. In this case, his property would pass in equal shares to his children. The exception would be the life insurance policy. That policy would have a beneficiary statement, and the proceeds of that policy would pass to whoever was named the beneficiary. You will need to consult with a lawyer to help you understand your rights, and how you can settle your differences with your sister. Your sister may have acted improperly in putting her name on the title for the mobile home. Best of luck to you.
Answered on Sep 17th, 2012 at 10:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to see an attorney with the details. IT appears your sister is acting improperly from your rendition of the facts.
Answered on Sep 17th, 2012 at 10:36 PM
A power of attorney has no effect after death. With regard to life insurance, the company will pay the death proceeds directly to the named beneficiary or beneficiaries. If your sister was the sole beneficiary named on the policy, then she can claim the death proceeds and has no legal obligation to share them with you. With regard to the mobile home and truck, if the total value of your father's assets (excluding assets titled jointly with another person, or assets that transferred pursuant to beneficiary or payable on death designations) is less than $50,000, then your sister can sign an affidavit transferring the assets to herself on behalf of your father's estate. However, she would have a legal obligation to distribute these assets among your father's heirs. If he was unmarried, then the assets should be distributed to his children, in equal shares. If your sister refuses to disclose information regarding your father's assets, then you may wish to speak with a probate attorney regarding your options.
Answered on Sep 14th, 2012 at 3:02 AM
Leonard A. Kaanta
The power of attorney died with your father, you need to file a for the probate of an intestate estate. Insurance proceeds go to the beneficary not the estate.
Answered on Sep 14th, 2012 at 3:01 AM
Peter James DeRose
You need to open an intestate probate estate as quickly as you can. If you have yourself appointed as personal representative you can control and preserve the assets. The power of attorney ceases effectiveness on death. In the probate estate the laws of intestacy (dying without a will) will be applied. This is a classic example of why everyone needs an effective estate plan-even for a simple estate. Hire the most experienced attorney you can afford and get started immediately, before property is sold.
Answered on Sep 14th, 2012 at 3:01 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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A financial power of attorney in Missouri is void upon death. Therefore, if your sister used it after your father's death, all her actions taken subsequent to your father's death are void. You need to get the power of attorney and read through it. Normally, the attorney in fact, your sister, has to treat everyone equally. Therefore, she should not be able to put her name on the title to the truck or the mobile home unless there is language the allows her to change beneficiary designations to her own benefit.
Answered on Sep 14th, 2012 at 3:01 AM
The estate of a person who dies intestate (without a will) is subject to the laws of the state in which he or she resided at the time of death. Your sister's power of attorney ended at the moment of your father's death. Check with an attorney in your state about how to get an executor or personal representative assigned to your father's estate to pay the bills, distribute the assets, and close the estate.
Answered on Sep 14th, 2012 at 3:01 AM
The power of attorney applies only while your father is alive. Upon his death, the power of attorney is cancelled. If there is no will and you are certain that there are only two children. Then you both have equal rights in everything. After all your father's bills are paid.
Answered on Sep 14th, 2012 at 3:00 AM
4 Awards
You have a right to a portion of that as a blood heir.
Answered on Sep 14th, 2012 at 3:00 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The authority granted to your sister by your father's power of attorney expired the moment he died so that any activity she did after is death should be set aside.
Answered on Sep 14th, 2012 at 2:59 AM
In Michigan, you are an heir to your father's entire, shared equally with your sister. His death rendered the power of attorney ineffective as a matter of law. If she is trying to take his entire estate, you must immediately open an estate administration in the probate court for the county where he resided when he died or, as a practical matter, she may get everything.
Answered on Sep 14th, 2012 at 2:59 AM
Shadi Ala'i AlaiShaffer
Seek a consult from an attorney as soon as possible as you have rights as his heir.
Answered on Sep 14th, 2012 at 2:58 AM