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If Aunt had POA that stops at death. You father has children, they trump siblings. If your Dad has any money or belongings you are entitled to them. You need to go to Probate. Ask to be Administor of Dads estate. It will cost a fee to get the "short certificate" I explained in my previous post. You can then do what needs to be done. Then Probate will determine who receives the estate. And it will be you and any siblings you have. Your Aunt is not entitled to any of it. Siblings only come into play if there are no children.
In my state, there is also an affidavit for estates under 20k. You still pay a fee for the short certificate but you will determine who gets the estate after making sure all debts are paid. The State does not get involved.
No idea really what the question is. We need more information. Does your father have a will or a trust? Has your father assigned an executor? Do you know who the executor of the estate is. We need much more information. Hope you will come back and provide it. Some think that the question line is all there is, but there is actually a space below the title to give details. You can feel free to give them by simply posting on this same question thread.
There is no will and honestly I don't know if there is an executive of state... Is that possible for someone to do without my permission? bc his sister is trying to day she can do whatever
Do you mean he died intestate, meaning no Will? There is usually a few days after death you need to wait for Probate, 9 or 10 in my state. If no Will u need to go to the Probate Office to become an Administrator. You will receive (for a fee) a "short certificate" giving u the ability to pay debts, get banking info, and do other things. You basically have all the responsibility an Executor does. The difference, the State decides how Dads estate is split. A wife would get the larger % children less. If only children, then split between them. No children, it trickles down to parents, brothers and sisters, etc.
She replied to Alva there is no Will. No Will no executor. She needs to get to Probate and get Adminstrator status before she considers a lawyer. Once she does that, her Aunt doesn't have a leg to stand on. Children come first.
Sandi, if I understand correctly, your father is still alive, but has no will.
A. If he dies w/o a will, that's referred to as dying "intestate". Any assets are distributed according to each state's statutory provisions for heirs.
No one can "do anything" other than what's prescribed by law of the state in which your father resided. You'll need to google: "intestacy, (name of state in which your father lived)" and read the statutory mandates. If you have trouble, post back with the name of the state and someone can help you.
B. If he's still alive, he can create a Will designating how he wants his estate (if any) to be handled. He can also create joint accounts with heirs, and for real estate, that would allow title to pass directly to someone else without having to go through Probate.
I think it would help to find a basic description of the documents generally used for transfer on someone's death. If you can post back and let us know what state you live in, we may be able to help you more.
As to your question of your sister's involvement, there are many threads and issues raised here about family members overstepping their bounds and attempting to gain control. Generally, only your father can create the necessary documents; it's his choice, and his responsibility.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If Aunt had POA that stops at death. You father has children, they trump siblings. If your Dad has any money or belongings you are entitled to them. You need to go to Probate. Ask to be Administor of Dads estate. It will cost a fee to get the "short certificate" I explained in my previous post. You can then do what needs to be done. Then Probate will determine who receives the estate. And it will be you and any siblings you have. Your Aunt is not entitled to any of it. Siblings only come into play if there are no children.
In my state, there is also an affidavit for estates under 20k. You still pay a fee for the short certificate but you will determine who gets the estate after making sure all debts are paid. The State does not get involved.
I suggest u get to the Probate Office ASAP.
We need more information.
Does your father have a will or a trust?
Has your father assigned an executor?
Do you know who the executor of the estate is.
We need much more information. Hope you will come back and provide it. Some think that the question line is all there is, but there is actually a space below the title to give details. You can feel free to give them by simply posting on this same question thread.
There is usually a few days after death you need to wait for Probate, 9 or 10 in my state. If no Will u need to go to the Probate Office to become an Administrator. You will receive (for a fee) a "short certificate" giving u the ability to pay debts, get banking info, and do other things. You basically have all the responsibility an Executor does. The difference, the State decides how Dads estate is split. A wife would get the larger % children less. If only children, then split between them. No children, it trickles down to parents, brothers and sisters, etc.
Does Dad have a Will or Trust in place? If he does who is the Executor or Trustee?
If he does not have these documents in place then the Intestate laws where you live will apply.
These things should be planned out before your father dies.
Look to the spouse, your siblings, and see an attorney.
Has your father already passed? You may not be aware he already had a will, and executor, etc. Can you find out?
Can you return and give more information about your circumstances?
A. If he dies w/o a will, that's referred to as dying "intestate". Any assets are distributed according to each state's statutory provisions for heirs.
No one can "do anything" other than what's prescribed by law of the state in which your father resided. You'll need to google: "intestacy, (name of state in which your father lived)" and read the statutory mandates. If you have trouble, post back with the name of the state and someone can help you.
B. If he's still alive, he can create a Will designating how he wants his estate (if any) to be handled. He can also create joint accounts with heirs, and for real estate, that would allow title to pass directly to someone else without having to go through Probate.
I think it would help to find a basic description of the documents generally used for transfer on someone's death. If you can post back and let us know what state you live in, we may be able to help you more.
As to your question of your sister's involvement, there are many threads and issues raised here about family members overstepping their bounds and attempting to gain control. Generally, only your father can create the necessary documents; it's his choice, and his responsibility.