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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53675
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband died in 2011. All assets were in my name except

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My husband died in 2011. All assets were in my name except for some stock that he inherited from his mother's estate. How do I put it in my name? I have a power of attorney from my husband for all financial holdings, and no other person(s) are entitled to it. It is now paying small dividends, which I have reported on my taxes, though the form still carries his name and SS number.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Did your husband have a will when he died? If so, are you the beneficiary of his will. If not, did your husband have any children...and if so, are you their mom or do they have a different mom? Thanks.
Customer: replied 3 years ago.

No will. Trust gives me full power of attorney. We have 2 adult children, both from our marriage

Thanks for your reply. When you reference a trust, can you explain a bit further? To what trust are you referring? Are the assets in his name or the trust's name?
Customer: replied 3 years ago.

So sorry - have a durable power of attorney for finance, not a trust.

No worries. Unfortunately, a POA terminates automatically at death. Thus, once your husband died, you would have no further authority under the POA. In order to have authority after death, you would need to file a petition in the probate court to be appointed administrator of his estate. Once appointed, the court will issue official documentation evidencing that appointment and you can present that to gain control over these assets.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they had to honor your POA, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 3 years ago.

So do I need a local lawyer to do this, or can I file on my own with the probate court?

You can check with your county's probate court by calling and asking the court clerk. It depends upon each court, but most do require an attorney to represent you in this process.
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Thanks so much for the positive rating and bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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