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Nielsenll Asked February 2021

My father passed away with no assets. Sister hired a lawyer without asking me. Am I responsible for the bill?

My father in law passed away without any assets and was in nursing home. My sister is power of attorney and hired a lawyer without talking to me am I responsible for the cost of the lawyer?

JoAnn29 Feb 2021
Yes, how did the letter read? If money is mentioned, I would send a letter back that you did not authorize the hiring of a lawyer. Nor did you sign any paperwork saying your are responsible for any payment. That your sister was assigned POA and at your fathers death the POA was null and void. That there is no need for an Executor because there is no estate. Your sister hired a lawyer without your knowledge or consent so payment is her responsibility.

GardenArtist Feb 2021
Did the letter sent by the attorney address fees?    I'm still confused.  If there are no assets, what could possibly constitute the estate?

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MJ1929 Feb 2021
Why is your sister involved in your father-in-law's estate? I'll assume you meant your own dad.

Of course you aren't responsible for any payment. Your sister has zero power over anything, as the POA expired the same moment the Dad did. SHE hired an attorney -- not you, nor your dad's estate.
Nielsenll Feb 2021
Thank you
GardenArtist Feb 2021
If he had no assets, why does a lawyer need to be involved?  

Assuming you didn't sign any retainer agreement, I don't see why you should be responsible for any charges.   It wouldn't hurt to put that in writing to your sister, ASAP, just to be on the safe side.  

OTOH, perhaps there are outstanding bills owed to the nursing home, and that's why she retained an attorney?   Still, most attorneys I worked for required retainer agreements, and presumably you didn't sign one, so I don't see how you could be stuck with his/her fees.

JoAnn raises a good point:  did she retain an attorney before or after your FIL died? 
Nielsenll Feb 2021
We dont talk I got a letter in the mail from the lawyer she hired for the estate. Not sure why there is no money. Thank you
worriedinCali Feb 2021
You aren’t responsible for the cost of the lawyer.
Nielsenll Feb 2021
Thank you
JoAnn29 Feb 2021
No, the cost of a lawyer comes out the estate. If she hired a lawyer thats on her. And sister was no longer POA once Dad died. Why did she hire a lawyer if there were no assets?

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