Q: Dad died his only son incarcerated loan co. petitioned I am son's POA what should I do?
The son is my children's father and we are engaged to be married. His family is not helping at all so he gave me POA because he is incarcerated until April. The attorney for loan company filed for small estate petition judicial probate and hearing is 1/18. Attorney wants to be the representative of the estate. My fiance is the only child and would like want is rightfully his as we cared for his father until his death. The attorney's paperwork says he researched and sent the info to the mother of deceased but not his only child I do not know why that is. I have complete Power of attorney of the only child. What should I do?
A:
Regardless of who administers the estate (whether a relative or other appointed Personal Representative), the Personal Representative must disburse assets as per the law. This means that after paying expenses and any claims, anything left in the estate must go to the people named in the Will (or to the closest relatives if there is no Will). Not every estate will be solvent, meaning some estates do not have anything to disburse after expenses are paid. However, if the estate has any money to disburse, then disbursement must be made to the lawful heirs.
In every case, a son should be identified on the list of interested persons. If his name was omitted one could file a notice with the Register of Wills, and/or contact the attorney who filed the Petition. Additionally, any interested person has a right to show up at a scheduled hearing.
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