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My dad is in hospice and my half sister and adopted daughter…

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My dad is in...

My dad is in hospice and my half sister and adopted daughter of my father is POA. Everything is an emotional mess as I believe there is no will. She has already started to go through my dads belongings and he is not dead yet. I have no access to his house now where i used to be able to come in his part freely and use vehicles and such because thats how dad was. Items have been distributed and I have evidence that they have started this process by pictures she has brought to the hospital and shown everybody that I know to be in dads locker in his room.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

VA None

Lawyer's Assistant: What documents or supporting evidence do you have?

I am my fathers only biological heir besides my sister and my dads brother

Submitted: 10 months ago.Category: Estate Law
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Answered in 5 minutes by:
10/3/2017
Estate Lawyer: Dwayne B., Attorney replied 10 months ago
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Estate Lawyer: Dwayne B., Attorney replied 10 months ago

Is there a specific question with which I could assist?

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Customer reply replied 10 months ago
Whats going to happen without a will and if there is one what is the next step
Estate Lawyer: Dwayne B., Attorney replied 10 months ago

When he passes away there will have to be a probate done to pay his creditors and then to pass title to any of his property to his heirs at law. That process is known as an "intestate probate" (intestate means without a will).

This is started by having a lawyer file an Application for Intestate Probate and asking that someone be appointed as Executor. While someone can try and do it themselves, it is rare for anyone to be successful if there is not a will and it exposes that person to personal liability if they make a mistake. It is also more expensive to hire a lawyer to come in later and try to fix one that was messed up than it would have been to pay a lawyer to do it correctly in the first place. Probate law is antiquated, often makes no sense, and is very difficult procedurally to do correctly.

While the person seeking to be appointed executor has to pay for the lawyer, they can apply to the court to be reimbursed for those fees from the assets of the estate.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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