My father passed away two weeks ago in NC. I am living abroad. I flew home for a memorial service arranged by his girlfriend of 30 years. The girlfriend had keys to his apt and car and said that she would liquidate his estate, and that she had a Power of Attorney. She was not cooperative and did not want to share information. She gave me some family photos, my Dad's Bible, and his jewelry box. She paid for memorial service and cremation.
Should I hire an attorney to freeze his assets until the estate can be properly probated?
My Dad did not own much, but owed my $6000 for a car that he bought from me. I have the bill of sale and payment history.
Also, I don't want to find out that I owe medical bills, taxes, or other debts of my father's down the road. The family believes that he was debt-free, but we are not sure.....
2007-09-05 23:21:42 · 13 answers · asked by Theresa 6 in Business & Finance ➔ Personal Finance
Girlfriend presumably paid for cremation and service with my Dad's money, as she admitted to withdrawing money from his account after his death. Also, she has an antique desk that my great-grandfather built and does not want me to have it. I said that I wanted to keep it in the family and she replied that she had it and therefore it "was in the family".
2007-09-05 23:24:54 · update #1
We don't know if he had a will. GF said she thought there was a will but could not locate it. I did not see the POA. My dad did not own any land (that I know of), just two vehicles, a utility trailer, and personal effects.
2007-09-06 00:24:09 · update #2
After 30 years I am sure she feels more than just a girlfriend and feels that she is in a position to oversee everything. With you being abroad keeping track of things is difficult. The POA means nothing now that your dad has passed on. You need to know if there is a will and who is the executor of that will. You will need to hook up with a family member who is willing to help you do the leg work for this. If there is no will then that is also complicated. Inform yourself of the laws of your state or province etc because you are right, you could owe on debts or inheritance passed down to you.
2007-09-05 23:30:53 · answer #1 · answered by senubenu 3 · 1⤊ 1⤋
that is complicated to respond to this question without understanding what the will certainly pronounced. If there replaced right into a provision which you're entitled to a pair form of inheritance, contract, or different form of reimbursement, then I say you have a case. Being that the will replaced into unsigned and not legal and binding, then i do no longer have faith that your aunt and uncle have legal rights to act as directors to the valuables. The components (counting on who has the legal precise of possession) ought to bypass to the instantaneous kin of the deceased (counting on state regulation). instantaneous kin may be the surviving significant different, infants thereof (in the event that they are of legal age), or contained in the form of no survivors (instantaneous kin) then the valuables then gets became over to the county or state. i could seem into getting an attorney to ascertain the will. Like I pronounced, if it replaced into in no way signed and notarized, then the will isn't legal and you and your brothers and sisters have equivalent rights to it. Your aunt and uncle have not got any legal rights to the land. while you're under the age of 18, the land is then placed right into a have faith components (examine state regulation) until such time which you or your brothers/sisters turn 18.
2016-10-04 02:02:35 · answer #2 · answered by ? 4 · 0⤊ 0⤋
First, the POA lapsed upon your father's death. It is no longer legally valid.
Second, you are in no way liable for any of your father's debts.
Third, only the executor of the estate can legally distribute assets. Your father's Will appoints the executor. If there is no Will, the courts will appoint one, likely you, and they would not appoint his GF.
Bottom line. You need to meet with a lawyer in NC to review your legal options.
2007-09-06 01:36:02 · answer #3 · answered by CPA/PFS 2 · 1⤊ 0⤋
Yes get a lawyer now!!!!! Did your father have a will? Have you seen proof of the power of attorney? It's probably all a scam since she is not letting any information out. You need to get legal help now! Unless your father put it in writing that he wanted his girlfriend to have everything then you should have more of a right to his stuff than her since you are actual family. Those are your memories, fight for them!
2007-09-05 23:28:04 · answer #4 · answered by honeybear 5 · 0⤊ 1⤋
I think you need to find an atty that specializes in this field. Sounds like the girlfriend is ripping of the family. Unless there's a law in your state that considers the girlfriend his wife after 10 years, she doesn't have a leg to stand on. Will or no will. Find an atty.
2007-09-06 00:56:36 · answer #5 · answered by Barb D 3 · 0⤊ 0⤋
!. Get A lawyer
2. The power of attorney stops being valid at death.
3. Get the lawyer at once to get further advice..
2007-09-05 23:57:52 · answer #6 · answered by HH@20 2 · 0⤊ 0⤋
Get a lawyer. Dont mess around. Dad's GF is acting strangely and esp as she in not family, is more likely to do something shady. That that family is immune from shady behaviors.
2007-09-05 23:25:54 · answer #7 · answered by Bob D 6 · 1⤊ 0⤋
Lawyer ASAP and let the cops know too in case the GF tries to steal all the stuff.
2007-09-06 02:00:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think if she wasn't married to your father, she doesn't have any legal rights unless your father gave power of attorney for certain things. Best thing would be to get lawyer opinions.
2007-09-05 23:35:57 · answer #9 · answered by Knight 2 · 0⤊ 1⤋
Yeah contact a lawyer to put it into probate...
2007-09-05 23:25:43 · answer #10 · answered by M J 6 · 1⤊ 0⤋