QUESTION
What can be done if my father died during a divorce?
Asked on May 25th, 2011 on Divorce - Ohio
More details to this question:
My dad had a stroke a couple months ago. When it happened, he was in the middle of a divorce. However, his wife got him to sign over POA to her. His condition has worsened and she has now gotten him to cancel his services with his divorce lawyer. This makes me think she is influencing his decision clearly in her favor, and further makes me thinks that he is incompetent to make his own decisions. He is very forgetful and I don't think knows exactly what is happening. Is there a way to get a court ordered POA to someone with his best interests in mind.
1 ANSWER
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James F. Lentz Attorney & Counselor at Law
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It all depends on what is at stake (how much money he has), how certain you are as to your father's competency, how certain you are that your father still wants the divorce, and how long he will likely live. Your father IF incompetent can have his assets managed by a conservator or a guardian under the auspices of the probate court. This will not be inexpensive to do and risks alienating your father. Obtaining a guardianship or a conservatorship also will take some time several months to a year. There are so many things that can influence any advice I might give on this. Does your father have his assets in a trust? Does he have a will/ Do you know where the will is and what it says? Does your father live in a state permitting your step mother to take a share of the estate regardless of the will? You need to sit down with an elder law or estate planning attorney soon to discuss these issues.
Answered on May 27th, 2011 at 8:43 AM