My father recently suffered a stroke and is unable to speak. Prognosis isn't very good. I am one of two children. Our mother is deceased. No will or trust in place. No POA in place. Dad doesn't have any liquid assets. He owns a home in Waco, Texas. He has a home in California (where he resides) but not paid in full. Dad wants brother and I to sell propery in Texas, but he has a family member tenant with no written contract, living in the residence. Not a very cooperative tenant either. Dad also wants us to try to maintain the California home (my brother lives with Dad there). Besides needing a POA months ago, what is the best course of action (will or trust) in the event of Dads death?? Please help, we are so confused and dad is rapidly declining.
Suffering from a stroke doesn't mean your father can't have his estate plan prepared. If he can communicate his desires to an attorney without speaking and he is otherwise competent, then the attorney can prepare a living trust, will, power of attorney and advance health care directive.
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