QUESTION
Does there have to be legal notification if a family member died due to the family estate? How?
Asked on Aug 10th, 2015 on Estate Planning - Nevada
More details to this question:
Does a family member (a daughter) have to be notified when an estranged family member (a mother) dies if the daughter is the only remaining living family left? Even if when at death the mother lived with a person who she left as power of attorney and in control of her will and her wishes at death?
13 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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That would be a yes.
Answered on Aug 25th, 2015 at 8:13 PM
Yes, the sole heir should be notified. Powers of attorney expire at death, so they became irrelevant when the mother died.
Answered on Aug 14th, 2015 at 12:21 PM
All powers of attorney expire upon the death of the one granting the power. ?The person named in the Will has to be appointed by the Probate Court to actually do anything with the assets of the Will. ?The daughter is a possible heir, and certainly might want to challenge the Will, and definitely should be notified. ?How would you like it if you were not told your mother had died, even if you did not get along with her
Answered on Aug 13th, 2015 at 12:43 AM
Edwin K. Niles
Yes, to answer your question. And you should know that a P/A is invalid upon grantor's death.
Answered on Aug 11th, 2015 at 6:32 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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In most states, an estranged child or spouse is required to be given notice when the estate is probated. If the estate isn't probated, then there is no requirement to notify anyone.
Answered on Aug 11th, 2015 at 4:08 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If the mother's estate had a gross value of $q50,000 or more, then yes. Also, if the had a living trust, then yes.
Answered on Aug 10th, 2015 at 6:08 PM
Visit with an attorney specializing in estate matters for these questions. Do not proceed based on information from the internet.
Answered on Aug 10th, 2015 at 3:23 PM
Not necessarily. If there's no probate estate (if, for example everything was jointly owned), there is no requirement that anyone be notified.
Answered on Aug 10th, 2015 at 2:55 PM
Yes, all family members by blood or adoption must be notified of the death and of the proceedings in probate court. All powers of attorney cease and end at the time of the grantor's death. Only the executor, named in the will or assigned by a probate court, is responsible for settling the estate.
Answered on Aug 10th, 2015 at 2:19 PM
Thomas Edward Gates
The terms of the will will define what legal notice, if any, that needs to be given. If she is not listed in the will, no notice need be given.
Answered on Aug 10th, 2015 at 2:19 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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In Illinois, the Will must be filed within 30 days of the date of death. If the Will is to be probated then the closest relatives are to be given notice of the probate of the Will and opening of the estate for the decedent. The power of attorney grants the agent authority of the assets of the principal while the principal is alive and provided the principal has not revoked the power of attorney. That means the agent cannot use the power of attorney after death. Any transfer of assets that were owned by the decedent at the time of death must be done by an executor or estate representative through a probate estate (property held in joint tenancy will transfer to the surviving joint tenant automatically and thus are not subject to probate). Assets owned by your mother at the time of her death are to be transferred as stated in her Will despite her declared wishes to the contrary. A person can revoke their own Will.
Answered on Aug 10th, 2015 at 1:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If there is anything subject to probate, you would need to be provided with notice of the opening of probate. However, in many cases nothing is left subject to the Will and probate. In that case, there is no requirement I know of to notify anyone.
Answered on Aug 10th, 2015 at 1:57 PM
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In Nevada, yes. Also the power of attorney is not valid to be used after death. I urge you to seek legal counsel. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 10th, 2015 at 1:42 PM