QUESTION
What can we do in our will and probate situation?
Asked on Jun 13th, 2011 on Estate Planning - Georgia
More details to this question:
My husband was given durable power attorney in trust by his step dad who died March 10. His step dad’s half brother is now calling himself administrator and demanding everything be returned back. My father in law had everything done legally. Can the half brother do this?
3 ANSWERS
Shadi Ala'i AlaiShaffer
No, he cannot. If the documents you have are in fact legal and valid then your Husband has the authority to act as Agent. You may want to seek legal advice to make sure this doesn't become a bigger problem.
Answered on Jun 16th, 2011 at 10:51 AM
In most states,a durable power of attorney ceases upon the death of the grantor. In this case, the concerned party should initiate action in the local probate court to open an administration on the estate of the deceased and request to be appointed administrator if someone else has not already done so. If an estate has already been opened, the concerned party should notify the probate court of his concern in writing.
Answered on Jun 14th, 2011 at 2:02 PM
Glen Edward Ashman
See a lawyer ASAP. No one can answer this online without seeing the documents. Note that a power of attorney ends when someone dies.
Answered on Jun 14th, 2011 at 9:46 AM