What can we do in our will and probate situation? 8 Answers as of July 11, 2013

My husband was given durable power attorney in trust by his step dad who died March 10. His step dad’s half brother is now calling himself administrator and demanding everything be returned back. My father in law had everything done legally. Can the half brother do this?

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Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
No, he cannot. If the documents you have are in fact legal and valid then your Husband has the authority to act as Agent. You may want to seek legal advice to make sure this doesn't become a bigger problem.
Answer Applies to: California
Replied: 6/16/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Durable Power of Attorney expires on the day someone who gave it dies. You should consult with an attorney to determine what issues you may have for action taken under the Power of Attorney. If you are Trustee of a Trust that does not expire and the Administrator normally doesn't have the authority to affect the Trust.
Answer Applies to: New Hampshire
Replied: 6/14/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
In most states,a durable power of attorney ceases upon the death of the grantor. In this case, the concerned party should initiate action in the local probate court to open an administration on the estate of the deceased and request to be appointed administrator if someone else has not already done so. If an estate has already been opened, the concerned party should notify the probate court of his concern in writing.
Answer Applies to: Indiana
Replied: 6/14/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Your husband's authority under the power of attorney expired upon the death of his father. If there is no will then only a Probate Court can decree who has the authority to probate the estate. If the step brother has started a probate file and been named Administrator then he has the authority. If there has not been a formal filing then perhaps your husband should consider filing.
Answer Applies to: Connecticut
Replied: 6/14/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
See a lawyer ASAP. No one can answer this online without seeing the documents. Note that a power of attorney ends when someone dies.
Answer Applies to: Georgia
Replied: 6/14/2011
    MRM Law Offices
    MRM Law Offices | Matthew Miller
    Did depends on the powers given in the financial power of attorney. What were the assets in his father in laws estate used for?
    Answer Applies to: Illinois
    Replied: 7/11/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Trying to interpret you question, it appears that there is a trust and there was also a power of attorney given to you husband. These are two separate documents. If your husband was named in the power of attorney to take care of matters while the step-father was alive, a power of attorney ceased to be effective on the death of his step father. If there is a trust or a will, then you would need to look at that document to see who was named as the executor or trustee, depending on whether it was a trust or a will. That would be the person in charge of the estate and controls the disposition of the estate according to the terms of the will or trust.
    Answer Applies to: California
    Replied: 6/14/2011
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