Leander, TX Estate Planning Law Firms & Lawyers

Basically a question of South Carolina law. However, basic common law would say, does brother have a reason why this should happen? Power of attorney only allows you to do those things that the principal would do if he were able not what you want, or think is right, but what the principal wants.

In answer to your question as to your duties when you become an administrator, I am assuming you were appointed by a court order, issued letters of administration; at that time you should have had to sign the letters of administration, filed back with the court and were issued a set of instructions duties of an administrator. As to your compensation, the percentage of the value of the estate you are entitled to, which is generally the same the lawyer receives, and both are set forth in the California Probate code.

To put it simply Someone, usually the primary heir, hires an attorney and files a probate action in the county where the deceased last resided. Then all beneficiaries are notified and the court appoints a personal representative After that all assets are gathered, debts paid and the rest distributed At times if real property is in multiple states multiple probates may be needed (one in each state where there is property) SO It does not happen automatically. Probate and attorneys can get expensive so the question is are there sufficient assets to worry about.. I advise you to gather all the information you can about your fathers assets and contact an attorney to discuss if it is worthwhile to file a probate action if your apparent step mom does not.