Dawn, TX Estate Planning Law Firms & Lawyers

Whether your mother, yourself, or your siblings become liable for the debt depends on a number of factors. Did your father accrue this debt in his name alone? Is the debt part of a business that your family operates or is part of? Is the debt due to a gambling problem or some other problem? Does it have some connection with his illness? Did he secure the debt with property he jointly owned with any of you? In a normal situation, the estate alone is responsible for the decendant's debts. However, in some situations, others may also be held responsible. Check with an estate attorney for specific answers.

Assuming all of the children are adults, you don't have to leave anything to them. A minor child is entitled to receive $2,500 from a parent's estate.

Maybe, it depends upon what the power of attorney authorizes and what it does not. He may be violating a fiduciary duty to his brother and be opening himself up to liability. In Nevada it is a mandatory double damage on top of what is taken. If the condominium would pass to another, ie under the brother's Will or intestate law he would be setting himself up for liability under Nevada law. You do not state what state's law the power of attorney was given, so you need to check that state in addition to South Carolina. Thus you may need to consult attorneys in both of those states.