There’s not just your not POA for mom issues but also home of now deceased dad who left no will & was your moms POA? Right?
GardenArtist (gracias!) posted the link. Worth reading as the issues intersect imo.
So it’s No POA and mom not competent or cognitive to do one, means you need to become her guardian or conservator. Guardianships are heard in probate court which brings you to the house situation.....
So dad - that you were DPOA for - died intestate. It’s probate court to deal with this, like with guardianships. 1 atty does both issues for you. I’d let attys figure out the timing in this.
This is how I’ve known interstate to run for TX..... the assets of the deceased “escheats” to the state. By escheats, it’s kinda like assets under states wing till legal heirs determination. Whomever could be heir presents their “standing” to probate court. But if there is a surviving spouse, assets basically segue ways to surviving spouse as it’s community property state. There’s a form for it, it’s kinda routine. Atty may want to do this, or let it go intestate. Atty will have reason as to which best.
As an aside if no surviving spouse but instead it’s a son(s) or daughter(s), it’s going to be more involved as you will have to establish your standing via lineal heirship. And if prior marriages, kids from those get involved. I don’t think it’s ever a DIY as there’s all sorts of notifications required. There’s probate atty who do nothing but lineal. It’s not expensive per se but more lots of specific time line forms that must be done just right. If mom dies before paperwork is done to be surviving spouse with property title to her, you’ll end up doing lineal anyways is my guess.
Are there other siblings or kids from any prior marriages?
So did he actually own the property just in his name? For married couples that unusual as if there’s a mortgage, the mortgage Co wants both names on deed. You might want to do a courthouse search on the property to see exactly how ownership recorded & while at this pay for downloads of the documents as you will need them. & these you take to the atty meeting.
on property, Jo Ann’s approach with her moms house is excellent. You want to secure it but keep costs minimal. If you ultimately want the property, I’d pay property taxes as priority 1. Most places have it due end of a Jan., so look to see if you missed this. If you have the $, pay the taxes. Interest is high and if you let it pass, you end up dealing with tax sale quagmire. It can be dealt with, but real butt rash. Most places have it when you pay taxes, it can be indicated as to who paid. Bill to owner but payment can read your name. If the tax collector has this option, have receipt read your name as payor.
any idea if there’s property insurance?
any idea if there are any liens on home? If either of them were / are on Medicaid, will have to be dealt with eventually.
some cities require you pull meters if it’s vacant. Or you notify firehouse.
Solar lights & battery operated indoor ones on timers are your friend if you have a vacant / empty house. If you have an ikea nearby, best prices.
Snngrad, could you post the state in which you live so posters can help you find the intestacy laws so you can familiarize yourself with them and answer more questions on any assets your mother and you may have inherited?
Intestate is someone who has passed without a will.
Im thinking your father would have informed you if you were also on the POA for your mother. Afterall these type of legalforms whether it is a Durable Financial POA or a Medical POA pretty certain you would have had to sign it as well when it was established to be considered as a secondary POA. imo
The bank account would pass to your mother if she's named jointly on the account. If you're not named, it doesn't pass to you.
However, other assets may, since he died "intestacy" (w/o a will). Your profile doesn't indicate where you (or your father) live, so you'll have to research intestacy laws in your state to determine how any inheritance would be affected.
As to being a Successor proxy under a POA, are you named as such? If not, then that authority does not pass to you.
Is your mother cognitively able to execute documents to create her own proxy under a POA or DPOA?
No, unless you were named as her secondary DPOA. So if she has been deemed incompetent all you can do is apply through the court system for guardianship.
No. To help your mother you need emergency guardianship to help her immediately and full guardianship to help her for the long term. You need to see a lawyer about this.
You can't appoint yourself POA for your mother. Were you named as alternate POA on your mom's power of attorney statement? If you were, take that document and a copy of your dad's death certificate to the county and file a new Power of Attorney.
As your mom's power of attorney, you have a fiduciary responsibility to make decisions that are in her best interests. If you think she might have to apply for Medicaid in the future be very, very careful how you spend the money. Keep receipts for everything you buy for her and make sure not to give any of the money away.
If you are not your mom's power of attorney, you can apply to the courts for conservatorship. That will allow you to access her bank account.
If your mom is already on Medicaid in the nursing home, that money will most likely go to them for her care.
No it doesn’t. Your fathers POA doesn’t automatically transfer to you UNLESS that is the way your mother set it up. If she made you secondary POA then you can assume the rule since your father has passed. If she did not name you as secondary POA then she will have to have a new POA drawn up naming you as POA however if she’s no longer competent she cannot assign a new POA.
GardenArtist (gracias!) posted the link. Worth reading as the issues intersect imo.
So it’s No POA and mom not competent or cognitive to do one, means you need to become her guardian or conservator. Guardianships are heard in probate court which brings you to the house situation.....
So dad - that you were DPOA for - died intestate. It’s probate court to deal with this, like with guardianships. 1 atty does both issues for you. I’d let attys figure out the timing in this.
This is how I’ve known interstate to run for TX..... the assets of the deceased “escheats” to the state. By escheats, it’s kinda like assets under states wing till legal heirs determination. Whomever could be heir presents their “standing” to probate court. But if there is a surviving spouse, assets basically segue ways to surviving spouse as it’s community property state. There’s a form for it, it’s kinda routine. Atty may want to do this, or let it go intestate. Atty will have reason as to which best.
As an aside if no surviving spouse but instead it’s a son(s) or daughter(s), it’s going to be more involved as you will have to establish your standing via lineal heirship. And if prior marriages, kids from those get involved. I don’t think it’s ever a DIY as there’s all sorts of notifications required. There’s probate atty who do nothing but lineal. It’s not expensive per se but more lots of specific time line forms that must be done just right. If mom dies before paperwork is done to be surviving spouse with property title to her, you’ll end up doing lineal anyways is my guess.
Are there other siblings or kids from any prior marriages?
So did he actually own the property just in his name? For married couples that unusual as if there’s a mortgage, the mortgage Co wants both names on deed. You might want to do a courthouse search on the property to see exactly how ownership recorded & while at this pay for downloads of the documents as you will need them. & these you take to the atty meeting.
on property, Jo Ann’s approach with her moms house is excellent. You want to secure it but keep costs minimal. If you ultimately want the property, I’d pay property taxes as priority 1. Most places have it due end of a Jan., so look to see if you missed this. If you have the $, pay the taxes. Interest is high and if you let it pass, you end up dealing with tax sale quagmire. It can be dealt with, but real butt rash. Most places have it when you pay taxes, it can be indicated as to who paid. Bill to owner but payment can read your name. If the tax collector has this option, have receipt read your name as payor.
any idea if there’s property insurance?
any idea if there are any liens on home? If either of them were / are on Medicaid, will have to be dealt with eventually.
some cities require you pull meters if it’s vacant. Or you notify firehouse.
Solar lights & battery operated indoor ones on timers are your friend if you have a vacant / empty house. If you have an ikea nearby, best prices.
https://www.agingcare.com/questions/should-i-continue-to-pay-my-fathers-bills-since-he-recently-passed-on-so-he-dont-lose-house-456030.htm?orderby=newest
Im thinking your father would have informed you if you were also on the POA for your mother. Afterall these type of legalforms whether it is a Durable Financial POA or a Medical POA
pretty certain you would have had to sign it as well when it was established to be considered as a secondary POA.
imo
However, other assets may, since he died "intestacy" (w/o a will). Your profile doesn't indicate where you (or your father) live, so you'll have to research intestacy laws in your state to determine how any inheritance would be affected.
As to being a Successor proxy under a POA, are you named as such? If not, then that authority does not pass to you.
Is your mother cognitively able to execute documents to create her own proxy under a POA or DPOA?
I would see an attorney.
As your mom's power of attorney, you have a fiduciary responsibility to make decisions that are in her best interests. If you think she might have to apply for Medicaid in the future be very, very careful how you spend the money. Keep receipts for everything you buy for her and make sure not to give any of the money away.
If you are not your mom's power of attorney, you can apply to the courts for conservatorship. That will allow you to access her bank account.
If your mom is already on Medicaid in the nursing home, that money will most likely go to them for her care.
I'm sorry for your loss.