San Miguel, CA Estate Planning Law Firms & Lawyers

First thing we need to establish is the the Power of Attorney dies with the person for whom the document is drafted for. Therefore an agent acting on behalf of someone who has appointed him as the agent can no longer act as the agent once that person has deceased. The second thing we need to establish is that most power of attorney forms if not all, are revocable such that one can appoint anyone at anytime to act as their agent and if that agent is to die before you actually need that person to act, then hopefully the document lists further agents and if not, then you simply redraft a new power of attorney form appointing your agents. Your question is somewhat confusing as to which party is passing. It would be advisable to speak to an experienced attorney so that he or she may better assist you.

The answer to your question depends on how it is stated in the will. There should be a provision that states who gets a deceased heir's share. If the language states it passes "per stirpes" then it goes to our sister's children/heir. If it states "per capita", then it goes to the other living heirs/sisters. The will may not contain either of these terms but it should state what should happen if an heir predeceases you mother.

The ESTATE pays the lawyer and taxes and both are priority payments. You have a right to see an accounting, but you do not have a right to dispute the legitimate payment of those estate debts. In the end, you will only pay your share because those payments "come off the top" and essentially out of everyone who gets a percentage's share.