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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102584
Experience:  Fully licensed attorney in Texas in private practice.
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My father just recently pass and I am the only child living.

Customer Question

My father just recently pass and I am the only child living. He did remarry and has bee separated from his wife for over 20 year. I don't know whether they devoiced or not. She is currently declared as a dementia patient and her daughter-in-law is handling the arrangement for my father. Is she legally responsible and does she hold a power of attorney to represent her mother in-law? Do I have any rights as his one an only son? How do I find out if he has a will? What happens to all of his property and assets? This is a strange situation, because my mother, his first wife has passed and so has my sister. There are more questions, but just to get this started this is an over view.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about your loss and this situation.

Can you please tell me:

1) Has probate been filed for his estate?

2) Does he hold any real estate or any bank accounts with his name only, or joint accounts with her name as well (and real estate)?

3) Any pension plans, life insurance, etc?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

Most states would require a license, called an "insurance broker" license. NV, CA, and AZ do have this requirement.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

(My apologies, please ignore the last statement as that was made for someone else.)