Sandi, if I understand correctly, your father is still alive, but has no will.
A. If he dies w/o a will, that's referred to as dying "intestate". Any assets are distributed according to each state's statutory provisions for heirs.
No one can "do anything" other than what's prescribed by law of the state in which your father resided. You'll need to google: "intestacy, (name of state in which your father lived)" and read the statutory mandates. If you have trouble, post back with the name of the state and someone can help you.
B. If he's still alive, he can create a Will designating how he wants his estate (if any) to be handled. He can also create joint accounts with heirs, and for real estate, that would allow title to pass directly to someone else without having to go through Probate.
I think it would help to find a basic description of the documents generally used for transfer on someone's death. If you can post back and let us know what state you live in, we may be able to help you more.
As to your question of your sister's involvement, there are many threads and issues raised here about family members overstepping their bounds and attempting to gain control. Generally, only your father can create the necessary documents; it's his choice, and his responsibility.
She replied to Alva there is no Will. No Will no executor. She needs to get to Probate and get Adminstrator status before she considers a lawyer. Once she does that, her Aunt doesn't have a leg to stand on. Children come first.
If Aunt had POA that stops at death. You father has children, they trump siblings. If your Dad has any money or belongings you are entitled to them. You need to go to Probate. Ask to be Administor of Dads estate. It will cost a fee to get the "short certificate" I explained in my previous post. You can then do what needs to be done. Then Probate will determine who receives the estate. And it will be you and any siblings you have. Your Aunt is not entitled to any of it. Siblings only come into play if there are no children.
In my state, there is also an affidavit for estates under 20k. You still pay a fee for the short certificate but you will determine who gets the estate after making sure all debts are paid. The State does not get involved.
Do you mean he died intestate, meaning no Will? There is usually a few days after death you need to wait for Probate, 9 or 10 in my state. If no Will u need to go to the Probate Office to become an Administrator. You will receive (for a fee) a "short certificate" giving u the ability to pay debts, get banking info, and do other things. You basically have all the responsibility an Executor does. The difference, the State decides how Dads estate is split. A wife would get the larger % children less. If only children, then split between them. No children, it trickles down to parents, brothers and sisters, etc.
No idea really what the question is. We need more information. Does your father have a will or a trust? Has your father assigned an executor? Do you know who the executor of the estate is. We need much more information. Hope you will come back and provide it. Some think that the question line is all there is, but there is actually a space below the title to give details. You can feel free to give them by simply posting on this same question thread.
There is no will and honestly I don't know if there is an executive of state... Is that possible for someone to do without my permission? bc his sister is trying to day she can do whatever
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A. If he dies w/o a will, that's referred to as dying "intestate". Any assets are distributed according to each state's statutory provisions for heirs.
No one can "do anything" other than what's prescribed by law of the state in which your father resided. You'll need to google: "intestacy, (name of state in which your father lived)" and read the statutory mandates. If you have trouble, post back with the name of the state and someone can help you.
B. If he's still alive, he can create a Will designating how he wants his estate (if any) to be handled. He can also create joint accounts with heirs, and for real estate, that would allow title to pass directly to someone else without having to go through Probate.
I think it would help to find a basic description of the documents generally used for transfer on someone's death. If you can post back and let us know what state you live in, we may be able to help you more.
As to your question of your sister's involvement, there are many threads and issues raised here about family members overstepping their bounds and attempting to gain control. Generally, only your father can create the necessary documents; it's his choice, and his responsibility.
These things should be planned out before your father dies.
Look to the spouse, your siblings, and see an attorney.
Has your father already passed? You may not be aware he already had a will, and executor, etc. Can you find out?
Can you return and give more information about your circumstances?
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If Aunt had POA that stops at death. You father has children, they trump siblings. If your Dad has any money or belongings you are entitled to them. You need to go to Probate. Ask to be Administor of Dads estate. It will cost a fee to get the "short certificate" I explained in my previous post. You can then do what needs to be done. Then Probate will determine who receives the estate. And it will be you and any siblings you have. Your Aunt is not entitled to any of it. Siblings only come into play if there are no children.
In my state, there is also an affidavit for estates under 20k. You still pay a fee for the short certificate but you will determine who gets the estate after making sure all debts are paid. The State does not get involved.
I suggest u get to the Probate Office ASAP.
There is usually a few days after death you need to wait for Probate, 9 or 10 in my state. If no Will u need to go to the Probate Office to become an Administrator. You will receive (for a fee) a "short certificate" giving u the ability to pay debts, get banking info, and do other things. You basically have all the responsibility an Executor does. The difference, the State decides how Dads estate is split. A wife would get the larger % children less. If only children, then split between them. No children, it trickles down to parents, brothers and sisters, etc.
We need more information.
Does your father have a will or a trust?
Has your father assigned an executor?
Do you know who the executor of the estate is.
We need much more information. Hope you will come back and provide it. Some think that the question line is all there is, but there is actually a space below the title to give details. You can feel free to give them by simply posting on this same question thread.
Does Dad have a Will or Trust in place? If he does who is the Executor or Trustee?
If he does not have these documents in place then the Intestate laws where you live will apply.