If my father just passed away and I am his POA, how do I distribute his estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father just passed away and I am his POA, how do I distribute his estate?
There is just my brother and I. My dad had stocks and a checking account,; he also had $19,000 in insurance and bills of about $15,000. My brother says split the money now and he’ll pay half the bills. Is that how it usually works? Dad made me POA because my brother was all about the money. Is this the best way to do it?
Asked on November 24, 2014 under Estate Planning, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. First understand that a POA dies with the person for whom it is made (your Dad) so it is no longer in effect. Now, please do NOT do as your brother says. You must request to be appointed as the Personal Representative of your Father' estate in order to distribute the estate assets. And you have to pay the bills FIRST before you can distribute anything. If the life insurance named you or your brother (rather than no one or the estate) it goes to you directly and is not part of the pot. I am going to give you a link here to information. Please read it carefully. Wisconsin has a Small Estate Proceeding (estate under $50K) and that may help you. Good luck.
http://www.wicourts.gov/services/public/selfhelp/docs/probateguide.pdf
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.