Is probate nessecary

UPDATED: Oct 1, 2022

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Is probate nessecary

Stepdad is in nursing home with dementia I am power of attorney and guardian
mum has recently passed is probate required or does assets and property
automatically transfer to him. Nursing home has stated the property is no longer
protected and has to be sold to pay his accomodation now , what are my legal
responsibilities from now on ?

Asked on August 13, 2018 under Estate Planning, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  I STRONGLY suggest you seek legal consultation on this matter.  If all the assets of your parents were jointly held then yes, they transferred automatically from your Mother to your Father at the time of her death.  By "operation of law."  What will be required upon trasnfer of the property only an attorney in the area can tell you.  Yes, you can keep administering your duties as usial.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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