Posted on: 28th Jan, 2013 04:00 pm
What if the Living Trust is breached at the time of death? I was appointed medical power of attorney but was not notified until after the death of my Dad. He was visiting his sister in Texas and died suddenly of pneumonia in a two week period of time. He was being taken back and forth to hospital twice admitted. Did his sister have an obligation to notify me as his daughter, since she put herself as next of kin on admin forms ? I was not notified by hospital? I can't believe she deprived me of saying good bye to my Dad. Am I entitled to damages? Is this a form of fraud or elder abuse?
Also what if two 50% beneficiaries are not able to come to an agreement on a property in the trust? 1/2 sister and I, (not the deceased biologically), but raised by him. She was initially executor but I came down here and got court appointed personal rep. as sole heir. Do we have to agree, or do I have authority to divide 50% without her consent? Do I have to open a new probate if one was already closed not foreseeing current issue? The trust identifies her as executor, but I have court ordered sole heir, uncontested.
Also what if two 50% beneficiaries are not able to come to an agreement on a property in the trust? 1/2 sister and I, (not the deceased biologically), but raised by him. She was initially executor but I came down here and got court appointed personal rep. as sole heir. Do we have to agree, or do I have authority to divide 50% without her consent? Do I have to open a new probate if one was already closed not foreseeing current issue? The trust identifies her as executor, but I have court ordered sole heir, uncontested.
Hi Angel!
Welcome to forums!
Well, as you had the medical power of attorney, you should have been notified about the whole incident. You can ask his sister and clarify the matter as to why you were not informed. As far as the probate is concerned, you should get in touch with a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Well, as you had the medical power of attorney, you should have been notified about the whole incident. You can ask his sister and clarify the matter as to why you were not informed. As far as the probate is concerned, you should get in touch with a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Hi Angel,
If you have the power of attorney, then you will have the rights to divide the property amongst the heirs. you may not need the consent of anyone else.
If you have the power of attorney, then you will have the rights to divide the property amongst the heirs. you may not need the consent of anyone else.