Should an Adult Child be POA or in charge of estate of a Parent?

Full question:

My father was in a wreck 5 years ago. He is very unstable to make decisions. When his dad passed he got everything left to him. My aunt who is my dad's half brother's wife is over his estate. I am his first born and need to be over that not her.

Answer:

It is not uncommon for an Adult child to be the agent under a Power of Attorney or Personal Representative of the estate of a parent. However, there is not an absolute right. We assume the person you mention was either appointed as agent under a POA or by the Court in a Conservatorship. If there are issues with that person that you feel merit their removal then you could ask that the person be removed but there has to be grounds.

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.

FAQs

It depends on the state's laws and whether your father had a will. In many states, if a person dies without a will, their spouse may inherit a significant portion or all of the estate. However, if there is a will, the distribution will follow the terms set out in that document. It's important to review the will and consult with an attorney for specific guidance.