Q: My dad passed in Texas a month ago. No will. Both of my brothers are incarcerated. I'm in Montana. What can I do?
I have death certificate too. One wants probate the other, heirship. Sister in law is power of attorney over one brother. What rights does she have as his power of attorney?
A:
The agent under a power of attorney can do no more than the person granting it. If that person is a convicted felon who has not had his rights restored, he cannot act as administrator of the estate and neither can his agent.
An Affidavit of Heirship only passes title to real property and is not enforced by a court for five year (to give "forgotten" heirs an opportunity to come forward.) Whether that is appropriate for this situation cannot be determined based on your description.
A: I would suggest speaking with a probate attorney in the area where your dad passed away as that will likely be the Court with jurisdiction should a probate be necessary. Even though you live out of state you may still be an administrator of an estate, you just need to assign a resident agent for service; usually your probate attorney acts as your resident agent. A probate attorney will be able to explain all of this to you in more detail during a private consult.
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