Q: What if there was no will when my mother died with sister having power of attorney 5 siblings no probate filed
Mom passed away in May I know my sister filed for an affidavit for estate on the 12th of September but won't give any info to sibs
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
First, the power of attorney has no effect after the principal dies.
Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help you probate your mother's estate. Your sister does not have any greater rights than you do simply because she had been your mother's agent under a power of attorney while your mother was living.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
