Is probate nessecary

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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

Answers:

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

Answered 3 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.


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