Does there have to be legal notification if a family member died due to the family estate? How? 16 Answers as of August 25, 2015

Does a family member (a daughter) have to be notified when an estranged family member (a mother) dies if the daughter is the only remaining living family left? Even if when at death the mother lived with a person who she left as power of attorney and in control of her will and her wishes at death?

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Durham Jones & Pinegar | Erven Nelson
Yes, the sole heir should be notified. Powers of attorney expire at death, so they became irrelevant when the mother died.
Answer Applies to: Nevada
Replied: 8/14/2015
Law Offices of George H. Shers | George H. Shers
All powers of attorney expire upon the death of the one granting the power. ?The person named in the Will has to be appointed by the Probate Court to actually do anything with the assets of the Will. ?The daughter is a possible heir, and certainly might want to challenge the Will, and definitely should be notified. ?How would you like it if you were not told your mother had died, even if you did not get along with her
Answer Applies to: California
Replied: 8/13/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, to answer your question. And you should know that a P/A is invalid upon grantor's death.
Answer Applies to: California
Replied: 8/11/2015
Ronald K. Nims LLC | Ronald K. Nims
In most states, an estranged child or spouse is required to be given notice when the estate is probated. If the estate isn't probated, then there is no requirement to notify anyone.
Answer Applies to: Ohio
Replied: 8/11/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
If the daughter is the only relative left, she is the only beneficiary to the estate, if there was no will. The power of attorney died when the mother died. The courts is the only entity that can distribute the will validly. The estate would need to be probated and the will presented in circuit court. If there is anything that is titled in the will the courts can transfer the title according to the will.
Answer Applies to: Florida
Replied: 8/10/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If the mother's estate had a gross value of $q50,000 or more, then yes. Also, if the had a living trust, then yes.
    Answer Applies to: California
    Replied: 8/10/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Visit with an attorney specializing in estate matters for these questions. Do not proceed based on information from the internet.
    Answer Applies to: Colorado
    Replied: 8/10/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Not necessarily. If there's no probate estate (if, for example everything was jointly owned), there is no requirement that anyone be notified.
    Answer Applies to: Michigan
    Replied: 8/10/2015
    Stephens Gourley & Bywater | David A. Stephens
    If there is an estate she must be notified.
    Answer Applies to: Nevada
    Replied: 8/10/2015
    Gates' Law, PLLC | Thomas E. Gates
    The terms of the will will define what legal notice, if any, that needs to be given. If she is not listed in the will, no notice need be given.
    Answer Applies to: Washington
    Replied: 8/10/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, all family members by blood or adoption must be notified of the death and of the proceedings in probate court. All powers of attorney cease and end at the time of the grantor's death. Only the executor, named in the will or assigned by a probate court, is responsible for settling the estate.
    Answer Applies to: Nebraska
    Replied: 8/10/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    That would be a yes.
    Answer Applies to: California
    Replied: 8/25/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If there is anything subject to probate, you would need to be provided with notice of the opening of probate. However, in many cases nothing is left subject to the Will and probate. In that case, there is no requirement I know of to notify anyone.
    Answer Applies to: Oregon
    Replied: 8/10/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    In Illinois, the Will must be filed within 30 days of the date of death. If the Will is to be probated then the closest relatives are to be given notice of the probate of the Will and opening of the estate for the decedent. The power of attorney grants the agent authority of the assets of the principal while the principal is alive and provided the principal has not revoked the power of attorney. That means the agent cannot use the power of attorney after death. Any transfer of assets that were owned by the decedent at the time of death must be done by an executor or estate representative through a probate estate (property held in joint tenancy will transfer to the surviving joint tenant automatically and thus are not subject to probate). Assets owned by your mother at the time of her death are to be transferred as stated in her Will despite her declared wishes to the contrary. A person can revoke their own Will.
    Answer Applies to: Illinois
    Replied: 8/10/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    In Nevada, yes. Also the power of attorney is not valid to be used after death. I urge you to seek legal counsel. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/10/2015
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    If your mother had any assets that need to be probated at the time of her death, then you should receive notice of either an administration proceeding or the probate of a will. If there was no estate left, there is no requirement to inform the next of kin of someone passing.
    Answer Applies to: New York
    Replied: 8/10/2015
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