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AV Preeminent Peer Rated Attorneys
Arlington Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Arlington Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What do I do if my mother has passed without signing over a power of attorney?

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Answered by attorney Christine Sabio Socrates (Unclaimed Profile)
Estate Planning lawyer at Christine Sabio Socrates Attorney at Law
Even if your mother had signed a power of attorney before she died, it became invalid the moment she passed away. A power of attorney ends at death. At this point, you would need to be appointed executor (if she had a will) or administrator (if she did not have a will) in order to take care of her estate.
Even if your mother had signed a power of attorney before she died, it became invalid the moment she passed away. A power of attorney ends at death. At this point, you would need to be appointed executor (if she had a will) or administrator (if she did not have a will) in order to take care of her estate.
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WHAT IS THE PROCESS AND COST TO OBTAIN A SMALL ESTATE AFFIDAVIT?

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
It sounds as though you need to take the Will to a local probate attorney and present it for probate.  A Small Estate Affidavit can only be used if there is no Will and if the person left no more than a home, personal possessions worth no more than $60,000 and other assets (such as bank accounts) worth no more than $75,000.  Some courts require that the heirs be the surviving spouse or minor children.
It sounds as though you need to take the Will to a local probate attorney and present it for probate.  A Small Estate Affidavit can only be used if there is no Will and if the person left no more than a home, personal possessions worth no more than $60,000 and other assets (such as bank accounts) worth no more than $75,000.  Some courts require that the heirs be the surviving spouse or minor children.
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Can my sister purchase our parents property in estate that has not been probated without my knowledge and then sell it without my knowledge

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
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