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Both my father and my sister are Illinois residents and I live in West Virginia. Would an Illinois form be used or a West Virginia form? Both my sister and I are designated as beneficiaries on everything and I'm fine with her taking care of all matters. I understand from just briefly reading that some states require different things and will only accept certain forms. We would like to do this right the first time around because I truly cannot afford the price of a lawyer. And again, we're both wondering if she needs to make out a form and send it to me for signing and notarizing or if I'm the one who makes out the POA .

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WV, check the documents to see if you and your sister being named as beneficiaries contains the wording "with rights of survivorship". If the assets your father left pass directly to you and your sister, I don't see why you'd need probate.

As to your question, since there is no formal documentation limiting handling his affairs and assets to either of you, AND if you don't have to file for probate, I don't see why you can't work out between the two of you what each of you wants to do.

If there are assets not titled jointly with rights of survivorship, state law on intestacy (dying without a will) would govern distribution of assets.
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WVresident, Somebody has to initiate a probate proceeding to sell the house and pay the final bills. The surrogate's court will ask if you object to having her administer the estate. Be sure you reply in writing with your signature notarized.
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I have just found out that Dad had no will, no trust. He just left beneficiaries(my sister and myself)on everything and honestly not too much left. My sister did have POA and was handling paying his bills, etc. Basically now, there will be a few things left, an IRA cd, which we are aware that we can choose rollover into what we might have or just get rid of it and pay the taxes. Still is leaving us with the question, if all that is left is a matter of both us being on things as beneficiaries, is there a way for me to allow her to take care of things without me being present. Thank you for your sympathy, much appreciated. Yes, I'm well aware of all she has handled and is still handling, as you say the burial arrangements and remaining bills to be paid and eventually the house but that I believe she said the way it's set up, for at least the house, is that we are now the owners and once she gets the death certificates, will be taking care of the title. The house is at the bottom of list of things to take care of and we have no problem there as far what will be done.
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Let me clarify regarding the Will and Probate.... even if Dad has a Will that Will will need to be probated [lot of legal paperwork]. Unless Dad had everything in a Trust.
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WV, my heartfelt sympathy to you and your family for the passing of your father.

As GardenArtist and I had mentioned, one cannot change Power of Attorney for a person who has already passed. The POA died along with your father. I know these legal documents can sound confusing, what is needed, what is not.

Does your sister mind doing all this on her own? Did Dad live with her or on his own? Along with the grief, there is so much to do. She is probably dealing with the funeral. Next all the legal paper regarding his estate. Plus clearing out Dad's furniture and personal items. It can be very exhausting.
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WV, who is named in the Will as Personal Representative, Executor or Executrix?

Your father's POA is invalid after his death, so transferring your proxy under the POA isn't valid.

It really depends on who's named in the Will to handle your father's estate.

Do you and your sister have a good working relationship?
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It is for my father who passed away yesterday. My sister and I were hoping if I gave her POA to take care of the financial matters that I might not have to fly in to take care of things. Things have been rather crazy so may sound strange that I'm not sure but let's say he had a Will and in the will stated that we were to split things equally. Could I then give her the ability to handle things on her own?
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WV, I am trying to figure out who this Power of Attorney is for... for you when time comes that you need someone to make decisions for you, or for your father?

If for your father, a Power of Attorney is only used if the person is alive.

Did your father have a Will? If yes, then the Will will say who will be in charge of doing of he financials. If no Will, then your sister would need to make an appointment with the County Probate office and the probate office will assign her to handle the probate. Yes, it is complex.
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