Full question:
A year in a half ago my uncle was hospitalized because he had a stroke. His brothers are miles away so they appointed me power of attorney. My uncle's condition had gotten worse and he was admitted into a nursing home. He passed away a month later, leaving behind a house, car, and stocks and bonds. His brothers are not looking after his home and I promised my uncle I would watch over everything if something were to happen to him. When he passed on his home was paid for. What are my rights being that his brothers turned over POA rights to me? The state has stepped in and they have the house up for sheriff sell because the nursing home is owed $10,000.00. How can I stop this from going through? Thank you for your time.
- Category: Wills and Estates
- Date:
- State: Pennsylvania
Answer:
Unfortunately, the power of attorney (POA) you held ended when your uncle passed away. After death, the authority granted by a POA is no longer valid. The distribution of your uncle's property depends on whether he had a will. If there is a will, it must be submitted to probate court, where an executor will be appointed to manage the estate, settle debts, and distribute property.
If your uncle died without a will (intestate), the state's intestacy laws will determine how his property is distributed. In such cases, the Register of Wills issues letters of administration to someone who can manage the estate, which may include creditors like the nursing home.
To protect your interests, especially regarding the nursing home's claim, it's important to inform the probate court about the situation. Consulting with a local attorney who specializes in probate matters may also be beneficial.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.