Leander, TX Estate Planning Law Firms & Lawyers

My sympathy for your loss. You may have a moral obligation but no legal obligation to pay unsecured debts of your late father. If your mother or any other family member never agreed to the debt, they have no obligation to pay the debt. This all assumes that there is no estate opened to transfer assets. If an estate is opened, the estate must give notice of death and a time period for all debtors to make a claim against the 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.

That depends on the property that your father had at the time of death. There may be some issues you can address without a court order and some that may require court intervention. To answer your question, there are some things that you can execute to allow one child.