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Old 08-19-2013, 01:49 AM
Location: 900 miles from my home in 80814
4,674 posts, read 6,758,311 times
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Originally Posted by Avalon08 View Post
Marcy, my understanding (after the pearl incident above) is that a Power of Attorney dies when the person dies. So even if he had a POA before Dad died, it would be no longer valid after Dad's death. Right...? The point sounds moot anyway now since the OP said his brother is Executor, which sounds like a whole 'nother nightmare.
Yes, you're right about the POA. But, you're right, it is a moot point since the OP isn't the executor. There's not much he can do, regardless of how inept he thinks his brother is. Assuming his mom is still alive when the dad passes, the mom will be working with the brother to settle the estate.
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Old 08-23-2013, 02:24 AM
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Originally Posted by Beth56 View Post
You will also need to have a final tax return done for your father.
He thinks because he is only receiving a monthly SS check that he hasnt made enough to pay taxes so he hasnt filed an income tax return in the last 15 years , could this be a potential problem?

Also some have suggested hiring an attorney to take care of the paper work issues when he dies, whats a ball park figure of their costs?
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Old 08-23-2013, 03:18 AM
Location: 900 miles from my home in 80814
4,674 posts, read 6,758,311 times
Reputation: 7088
If your father has dividend income, investment income or any other income besides SS, you will want a lawyer to help with the estate and estate taxes. It definitely could be a potential problem. If he had deductions like property taxes or medical expenses to offset his income, he could be okay, but again, you'll need a lawyer.

My husband was an estate attorney, but we were a sole practice in the mountains of Colorado in a fairly rural area, so his fees were no where near what a big city attorney working for a firm would charge. Some attorneys will charge a flat fee for a simple estate, but the more complicated, the more expensive it can be. The best thing to do is call the lawyer referral office of your dad's county bar association. Bar associations are at the National level (American Bar Association), the State level (Colorado Bar Association) and the county level (Smith County Bar Association). The County Bar Association can give you a list of attorneys who do estates, and possibly a fee range (my husband charged $175/hr but for a simple estate he'd charge a flat fee of $1200) and you can choose an attorney in your price range. You might also see if the attorneys will do a free consultation, as that will give you a chance to see if you click with them. Good luck! (I mean that kindly)
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Old 08-29-2013, 04:35 AM
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Originally Posted by jambo101 View Post
At 90 years old his liver is failing and he will probably pass on in the next year or so, he's had a remarkable life and will be missed.
However before the grief becomes a reality theres some issues that need to be addressed beforehand.
Mom is also 90 years old and would find it difficult to take care of all the paperwork and legal issues of Dad passing away, i will be there for her during this time, problem is she lives in the Tampa area and i live in Montreal with wife and 2 kids so i cant be with Mom for much more than a month , two if i stretch it.
What i need to know is what would be a list of priorities i should take care of in my limited time spent with her. at this point i'm thinking
Contact funeral home
Deal with funeral
Get copies of Death certificate.
Get notary to deal with will
deal with Dads cars
deal with transferring his bank accounts and probably the house to Mom.
None of this stuff is going to be a pleasant experience as Dads death will be on my mind constantly and the fact that i have to return to my life back in Montreal doesnt give me unlimited time to be there with Mom so it would be very helpful if i maximized my time while there by Knowing what issues will need to be taken care of...
How does my list look? any tips for my scenario would be appreciated
Jambo your list seems fine but the two main issues to focus on is your father's will and funeral arrangements. The last thing you want to deal with upon your father's death is the funeral since all of that should be pre-planned. Next you need to have your father's Will reviewed by a Attorney in Florida and see how he wanted his assets disposed of.
I suggest you also get your mother involved even though it won't be a pleasant experience for either of you.
Emotions become very raw at the death of a parent and having to deal with legal or financial issues makes it worse if their is no plan in place. Take care of these issues now.
Peace and blessings to you and your family.

Last edited by MiamiRob; 08-29-2013 at 05:27 AM..
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