QUESTION
How can I get my father to agree to having me or my brother get Power of Attorney over his estate. He is not making very sound choices..
Asked on Mar 25th, 2019 on Wills and Probate - Montana
More details to this question:
My mother passed away a month ago, without a will, and she and my father own the family home. They had separated but did not divorced. and filed taxes separately. The house was suppose to go to the three children after death, but my father refuses to create a will, Thinks he can just sign the house over to to us, He doesn't know the tax implications or the correct way to go about doing that, that will not create a mess for the 3 hires. He suffered a stroke last week, discovered he has a brain tumor, and cancer. and has disclosed to the children he owns the Federal government $14,000 in back taxes. How can his hires get power of attorney? Should he die without a will Are his decedents responsible for paying the back taxes?
1 ANSWER
2 Awards
Your father has the right to decide whether to grant a Durable Power of Attorney or not. Your father has the right to decide whether to write a Will or not. If he dies without a Will, his estate will owe the unpaid federal income taxes and any other debts and must pay them before distributing anything, such as net proceeds from the sale of the house, to his heirs.
Answered on Mar 26th, 2019 at 5:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.