Mom recently died. Do I have any rights as her daughter? -

Mom recently died. Do I have any rights as her daughter?


Mom recently died in NH, cousin had POA.

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Spooty - if there was no will, then you can look into doing a "lineal heirship". You need an atty to do this and it would be a probate atty but likely one that ONLY does lineal. It's kinda different sequencing & more research than traditional probate. It's more Nancy Drew than Perry Mason. Lineal heirs (you & your siblings) would be priority over your cousin the old POA. Blood before Kin.

If there's animosity between you two & they are foot dragging on giving info on status of will or it's terms; or doing things with your late moms assets; or you just sense mendacity....... Find an atty to look into doing a lineal ASAP. If you can put together a "face sheet" on mom and send that to whomever you find, I'd bet they will ask for a very smallish retainer ($500).

Face sheet is all basic info on mom from DOB to whom & where, her marriages & divorces, work history for her & her spouses (if they could be union or civil service put that in); all children (even deceased); all real property bought & sold (addresses & which county) & current status. Do it to the best of your ability. If its been forever... put in what you lakefront cabin off hwy 234, Marshall, TX 1972 - 1980.

Also if you know the names & addresses of 2 or 3 old family or church friends or her neighbors, put that in the sheet too. Face sheet maybe a page or 2 maximum. Think of it as a bullet point timeline. Facts not drama.

Ok so is there a backstory to all this???
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Spooty, my sympathy to you and your family.

Please give us more information. Such as what rights are you referring? Did your Mom have a Will? If so, who is the Executor of the Will? Are you, or someone else in the family?

KatieKate is correct when she said that when your Mom passed, that your Cousin no longer had Power of Attorney. And neither does anyone else.
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If there is no will g to Probate and ask to be administrator as her daughter. This means though you are responsible to close out her affairs.
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Are you asking about rights as a proxy under a POA or as an heir pursuant to a Will?
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No, and neither does your cousin.

It is now in the hands of the executor. Who was named in the will to handle the estate? The minute the person dies..the POA becomes invalid and the will prevails with the executor obligated to follow the terms of the will.
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