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Theresa | What should I do about my Dad's estate? |
My father passed away two weeks ago in NC. I am living abroad. I flew home for a memorial service arranged by his girlfriend of 30 years. The girlfriend had keys to his apt and car and said that she would liquidate his estate, and that she had a Power of Attorney. She was not cooperative and did not want to share information. She gave me some family photos, my Dad's Bible, and his jewelry box. She paid for memorial service and cremation.
Should I hire an attorney to freeze his assets until the estate can be properly probated?
My Dad did not own much, but owed my $6000 for a car that he bought from me. I have the bill of sale and payment history.
Also, I don't want to find out that I owe medical bills, taxes, or other debts of my father's down the road. The family believes that he was debt-free, but we are not sure..... Additional Details Girlfriend presumably paid for cremation and service with my Dad's money, as she admitted to withdrawing money from his account after his death. Also, she has an antique desk that my great-grandfather built and does not want me to have it. I said that I wanted to keep it in the family and she replied that she had it and therefore it "was in the family". |
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senubenu
 |
After 30 years I am sure she feels more than just a girlfriend and feels that she is in a position to oversee everything. With you being abroad keeping track of things is difficult. The POA means nothing now that your dad has passed on. You need to know if there is a will and who is the executor of that will. You will need to hook up with a family member who is willing to help you do the leg work for this. If there is no will then that is also complicated. Inform yourself of the laws of your state or province etc because you are right, you could owe on debts or inheritance passed down to you. |
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M J
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Yeah contact a lawyer to put it into probate... |
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Bob D
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Get a lawyer. Dont mess around. Dad's GF is acting strangely and esp as she in not family, is more likely to do something shady. That that family is immune from shady behaviors. |
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CPA/PFS
 |
First, the POA lapsed upon your father's death. It is no longer legally valid.
Second, you are in no way liable for any of your father's debts.
Third, only the executor of the estate can legally distribute assets. Your father's Will appoints the executor. If there is no Will, the courts will appoint one, likely you, and they would not appoint his GF.
Bottom line. You need to meet with a lawyer in NC to review your legal options. |
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HH@20
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!. Get A lawyer
2. The power of attorney stops being valid at death.
3. Get the lawyer at once to get further advice.. |
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sporregar
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Lawyer ASAP and let the cops know too in case the GF tries to steal all the stuff. |
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Barb D
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I think you need to find an atty that specializes in this field. Sounds like the girlfriend is ripping of the family. Unless there's a law in your state that considers the girlfriend his wife after 10 years, she doesn't have a leg to stand on. Will or no will. Find an atty. |
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dumplingmuffin
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before you go any further ,see if your dad had a will |
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honeybear
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Yes get a lawyer now!!!!! Did your father have a will? Have you seen proof of the power of attorney? It's probably all a scam since she is not letting any information out. You need to get legal help now! Unless your father put it in writing that he wanted his girlfriend to have everything then you should have more of a right to his stuff than her since you are actual family. Those are your memories, fight for them! |
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bling_soldier
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get the land, and everything else, never mind the debt, if he had debt he wudda sold the property himslef. plus its ur dad's, why give it to his gurl friend? |
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Knight
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I think if she wasn't married to your father, she doesn't have any legal rights unless your father gave power of attorney for certain things. Best thing would be to get lawyer opinions. |
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Mary T
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you need to be in control of your life... i.e. this will come back to you if it is not done right |
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