Legal Question in Wills and Trusts in Minnesota
my sister is the poa in my fathers will
my sister was poa in my dad and stepmoms deaths there was cds and stocks and bonds to be divided by 4 of us girls. there were no names on them but it stated to split them up in the will. i asked when we would get the money and my sister told me she had to cash them in to pay for past medical bills and funeral costs. can she do this without us knowing? also the house and all personal property was to be divided equally and she sold truck car boat ect.. without letting me know and said that money was also used for bills and she said neither my dad or stepmother had life insurance policies, thats hard to believe considering my father was an electrition his whole life. is there a way i can find out if he did have life insurance and how much it was?also she as the pow has the obligation to let me know when my sick stepmother died, but i read it in the paper and missed the funeral ,once again she said after paying bills there was nothing left to distribete. its been 3 years, should i consider getting a lawer now. i could not afford one at the time this was all going on . thank you
1 Answer from Attorneys
Re: my sister is the poa in my fathers will
Generally speaking it is the duty of the personal representative of the estate to pay the debts, taxes and expenses of last illness off the top before any assets are distributed. The costs of probating the estate and a fee for the personal representative come off the top too.
Assuming that a probate is in progress - and I can't quite tell from your question is one is or isn't - you can take a peek at the file at the courthouse where it is pending. It is public info and anyone can see it. Lots of the info you seek could be in that file.
The courthouse where it would be filed is usually the one for the county where they lived.
Good luck.
This is for general information purposes only and does not create an attorney-clien relationship. Please seek the advice of the attorney of your choice.
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