Nashville, GA Estate Planning Law Firms & Lawyers

Depending upon the level of your father's capacity, it may be too late to obtain authority under a Power of Attorney. If your father has lost the ability to understand the effect of these sorts of estate planning documents, if he has lost the ability to enter into contracts and if he is "90% of the time" incoherent, that avenue might well be closed to him. Your alternative to affirmative incapacity planning by your father is often found in the guardianship and conservatorship proceedings of the jurisdiction that he resides in. Sounds like you'd have a pretty easy case to prove. Think of it this way: A POA is something that your father could have signed to provide for his own incapacity. Guardianships and conservatorships work like Court-initiated POAs the Court steps in to provide for your father largely because your father did not address this possibility in his own planning.

Where there is no will in California, the surviving spouse has rights to inherit, the amount depending on whether or not there are children. Beneficiary usually means someone who takes under an insurance policy. You should consult a local attorney, being clear about your financial condition, until you find someone who will intervene on financial terms you can afford or on a deferred basis.

Unfortunately, if the property was sold, you will need to contact the current owner and offer to buy it back. There's unlikely to be any other way for you to get the property back.