My father passed away last week and my mother is suffering from dementia. They both have wills and both wills state that they will leave property, etc. to the surviving spouse, or to me if the surviving spouse is unable to manage their finances. My mom is not able to manage money and I will need access to everything to take care of her.
Can someone give me a brief outline of what I need to do and how long I can expect it to take?
Thanks!
Daisy
***parents had some separate accounts/property and joint accounts/property, plus insurance policies.
go to a lawyer. check if there is a power of attorney granting you authority, or perhaps you are stipulated as the executor of the estate in the wills. These are two key items which you need to check out prior to going to the lawyer who will bill you by the hour, so have all your papers handy. And remember, although you may think your mom is not competent, it is up to the state to determine this and the state will want to have a legal paper signed off by a professional, that she is incompetent, and this is what the lawyer can advise you on as well.
Are you sure there is only a will? Most lawyers who do a will also do power of attorney living wills etc at the same time. If you don't find these other documents contact the lawyer who did the will and they will have copies. At least find out if any or all of these other documents exist,
I'm sorry for your loss...
Whoever is the Executor of your Father's Will (you?) needs to obtain "Power of Attorney" over your Mother's Estate since she is "incapacitated"....
The good news (if you can call it that) is that your situation has become so very common that their are plenty of Estate lawyers out there who know exactly how to handle the details...
You'd need a power of attorney to control assets, however, with your mother having dementia, her signature may not even be valid. Better consult an attorney.
Go through your dad's belongings and look for money. Check his pants pockets etc. Then tell your mom she's the Queen of England and while she's dancing around the living room having a tea party with herself, dig through her purse and see how much money you can find and if you can lay your hands on her checks and bank card. Once you have, call the paddy wagon to take her to get a new white coat and start taking control of the finances. You can even tell the paddy wagon driver to make sure she gets the, "Freddy Gray" treatment so you can gain quicker access to her benefits.
You need the advice of an estate attorney. If your mother is not competent, a guardianship or conservatorship may be needed. Details vary by state so get some professional advice.
There is a difference between you inheriting everything since your mother is incapacitated - and you having power of attorney to manage her finances for her.
You need an estate attorney.
Your fathers estate will go to your mother if you have not already obtained guardianship of your mother. It will take months for you to file in court and then go to court to prove your mother is demented. By that time the estate may be distributed to your mother.
The laws of each state are different, so you need to talk with a family lawyer in your state and file for conservatorship of your mother. The court will hear the evidence for and against the conservatorship and then decide if your mother is demented enough to need someone to handle her finances.
Get in touch with the attorney that worked on their wills. You would need to get power of attorney to help your mother with her finances.
you need to get power of attorney for your mother to be able to handle her estate now
