Fremont County, CO Estate Planning Law Firms & Lawyers

I'm assuming that your father and your uncle owned this property which is being rented out as joint tenants with right of survivorship. In this event you are correct that your father would have the right, from a moral standpoint, to one half of the rents that had been collected. What did your own cold do with the rent when it was collected? Your father may file a lawsuit against your uncle and seek reimbursement for his half of the rents collected in the theory for his recovery would be on the basis of an implied contract between him and your uncle. In the lawsuit he could ask not only for his half of the rents collected but for interest at the legal rate (9%) from the date of any judgment. He would also have the right to be reimbursed for his court costs in such an action. In order to do this, your father would have to retain the services of an attorney to represent him.

You are advised to contact your Department of Motor Vehicles to determine the rules about you driving alone on a permit; there may be an exemption since your mother is in the hospital and cannot communicate; however, as to authority to sell your mother's truck, you do not have.

The power of attorney died with the maker, so you were the power of attorney. The Trustee can probably pursue you. In Nevada, the shortest possible statute of limitations is 2 years (for non-public officials) but may be longer depending upon the issue. Also the time may be tolled after the maker's death. So chances are she can effectively pursue you. I urge you seek out counsel to address your options, possible outcomes and costs associated with the same. Best of luck you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.