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Started By
Message
re: Power of attorney question
Posted on 12/29/23 at 9:14 am to ChestRockwell
Posted on 12/29/23 at 9:14 am to ChestRockwell
Will will take precedence over PoA.
1
Posted on 12/29/23 at 9:21 am to TigerFred
quote:
Will will take precedence over PoA.
The POA ended upon death so no precedence required
Posted on 12/29/23 at 9:28 am to jbgleason
quote:
I only know this from seeing it multiple times. Otherwise rational and good folks will flat lose their minds and screw over their own blood for "their money and stuff" that they never worked a day to earn.
I had a client whose brother tried to sue her for $3200 of inheritance.
Posted on 12/29/23 at 9:32 am to ChestRockwell
I remember my uncles arguing at my grandfathers FUNERAL over who would get his rocking chair, guns, truck, etc...
My dad was like ya'll figure it out. I don't want any of it if ya'll are going to act like this.
My dad was like ya'll figure it out. I don't want any of it if ya'll are going to act like this.
Posted on 12/29/23 at 9:47 am to ChestRockwell
If she died without a will, the term you need to understand is "per stirpes". But if there's a will then everything will get distributed in accordance with the will (once a succession is completed) unless there are any forced heirs the will attempts to cut out.
Posted on 12/29/23 at 9:52 am to Major Dutch Schaefer
quote:
What state?
Fugue.
Posted on 12/29/23 at 9:57 am to jbgleason
quote:
only know this from seeing it multiple times. Otherwise rational and good folks will flat lose their minds and screw over their own blood for "their money and stuff" that they never worked a day to earn.
100% it’s absolutely disgusting.
Posted on 12/29/23 at 9:59 am to ChestRockwell
quote:
Now that she passed, am I along with my brother, entitled to my mother's share, or whatever is left?
Why would you and your brother be entitled to your mother’s share? Wouldn’t your mother be entitled to it? Seems like you left out a key detail of the situation.
Posted on 12/29/23 at 10:01 am to ChestRockwell
POA has absolutely nothing to do with the distribution of the estate. It is null & void upon the death of the principal.
After death, any estate planning documents (Will, life insurance, etc), will dictate how the estate is divided. In the absence of a will, the heirs need to choose an Executor of the Estate and file probate/succession with the court of parish/county where the deceased resided.
If the Estate was small enough, you can file a Small Succession, which is much easier/cheaper. I would consult an attorney for sure, but ESPECIALLY if there is going to be any question of who gets what.
After death, any estate planning documents (Will, life insurance, etc), will dictate how the estate is divided. In the absence of a will, the heirs need to choose an Executor of the Estate and file probate/succession with the court of parish/county where the deceased resided.
If the Estate was small enough, you can file a Small Succession, which is much easier/cheaper. I would consult an attorney for sure, but ESPECIALLY if there is going to be any question of who gets what.
Posted on 12/29/23 at 10:02 am to ChestRockwell
Generally:
Will controls, assuming proper form, etc.
If no will, succession is default process, by heads. 3 siblings, 3 ways. One sibling predeceased, that share goes to that person’s heirs.
Is your mother deceased?
What is your relationship with your aunt?
Will controls, assuming proper form, etc.
If no will, succession is default process, by heads. 3 siblings, 3 ways. One sibling predeceased, that share goes to that person’s heirs.
Is your mother deceased?
What is your relationship with your aunt?
Posted on 12/29/23 at 10:04 am to LSUGUMBO
Call an estate attorney
Posted on 12/29/23 at 10:11 am to LSUGUMBO
Good advice. $125k or less estate do a small succession
Posted on 12/29/23 at 10:19 am to ChestRockwell
The power of attorney ceased upon the grandmother’s death.
With regard to your grandmother’s estate, if she had a will it will go according to her will. If not, it will be divided equally among her children. If any children are deceased then the deceased child’s portion will go to the children of the deceased child. So, if your mother is living, she inherits and not you. If your mother is deceased then you and your siblings divide her share.
With regard to your grandmother’s estate, if she had a will it will go according to her will. If not, it will be divided equally among her children. If any children are deceased then the deceased child’s portion will go to the children of the deceased child. So, if your mother is living, she inherits and not you. If your mother is deceased then you and your siblings divide her share.
Posted on 12/29/23 at 10:40 am to TopWaterTiger
Also note there is a difference between an executor and independent executor
Posted on 12/29/23 at 10:49 am to ChestRockwell
Was she on Medicaid? The state will file a claim on whatever assets are left.
Posted on 12/29/23 at 10:56 am to ChestRockwell
What does the will say?
Posted on 12/29/23 at 11:01 am to LSUfan4444
quote:
quote:
He needs to consult with a succession attorney about how to proceed.
I'd agree here.
ABSOLUTELY. Do not go to a regular attorney for this. Find an estates attorney.
Posted on 12/29/23 at 12:11 pm to ChestRockwell
quote:
For the counselors here , I have a legal question
Posted on 12/29/23 at 12:40 pm to ChestRockwell
quote:
am I along with my brother, entitled to my mother's share, or whatever is left?
Best answer: It depends.
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