QUESTION
my step father passed away and the will left everything too be divded equal among all of us my step sister has poa and has been going thru the papers
Asked on Feb 29th, 2012 on Wills and Probate - South Carolina
More details to this question:
and removeing and adding things that was not in the will and i havent seen the original on a copy she handed out. we have land thats was not in any of their name nor mines also land that was still in their deceaced mothers name. they have been going into his account removeing money are they allowed too do this and its supposse too go too probate and my mother was found too be his wife thru probate useing common law marriage because they had a wedding in a church and with witness they court said she is entitles too a third of his estate and im still entitled too a portion can she just give us what she wants us too have with out consuting me and my mother..
1 ANSWER
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Until the probate court names an Executor, no one is legally allowed go through a deceased person's assets and take or make changes to money or property addressed in a Will.
Someone who had Power of Attorney has no authority once a death occurs. Powers of Attorney are automatically void on the death of the Principal (the person who gave the Power of Attorney to manage his or her affairs).
Unless she was a beneficiary, a joint owner, or the probate judge has named her as Executor, your stepsister cannot decide what you do or don't receive. The probate judge orders how things will be distributed according to South Carolina laws. No one has to consult you.
Hire an experienced estate attorney to explain things specifically and represent you.
To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Apr 09th, 2012 at 2:15 PM