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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11512
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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hello, I need your help asap

Resolved Question:

hello,

I need your help asap
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.
Good Evening,

What is your question ?


ANDREA
Customer: replied 4 years ago.
I need an attorney to help me out with finances - my mother passed away this past friday. She left a lot of things behind especially money, a house and a car (BMW). Before she passed, she's left instructions to handle certain things like the huge credit bill my dad ran up sometime last year and how to get it paid. Basically, everything got ugly because of the money, the house and everything else.
Now there's life insurance involved - what I've done is went online to get an online Power of Attorney documentation completed. My mom signed it, I got it notorized as per the instructions that came with it.
Since I'm the only child, almost everyone in the family (both my mother's and father's) are trying to get this from me. I'd like to know what my rights are with all of these things my mother left behind.
Expert:  Andrea, Esq. replied 4 years ago.
Thank you for your information

The Power of Attorney is no longer valid. Once the principal passes away, the Power of Attorney the principal had signed becomes null and void and of no legal effect whatsoever.

What you have to do is this:

1. If your mother left a will, you have to admit the will to probate and the Court will issue Letters Testamentary which authorize you to carry out the terms of the will.

2. If there is no will, you have to have the Probate Court issue Letters of Administration to you to carry out your mother's wishes.

By the way, if your mother was not jointly liable on the debts incurred by your father, there is no legal obligation on the part of her estate to pay them

If you need to retain a lawyer, you should call the State and County Bar Association in the county in which the property is located; ask for their "Lawyer Referral" Service, tell them what your problem is and ask for the name of several attorneys. Consultations are usually under $25 and most of the time they are free. Speak to all of them, ask questions, then select the one with whom you feel the most comfortable.

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Thank you for allowing me to assist you and Good Luck!

ANDREA, JD, LLM

Member, NY & PA Bar

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Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11512
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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