What type of attorney is needed here?

DoublePlayBall

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• Oct 20, 2019

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In the case that an elderly person passes to find out if he or she had a "will". The word "will" may not be the exact term, but rather some other worded document with a witness to leave their final belongs?

I know states probably vary on the word and I searched the word "estate" under lawyers, but that's not even listed in all the things an attorney covers so I know there must be another "term"

By the way said person has not died but on death bed and suffers from severe dementia.

 

metro

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I have used a real estate lawyer for this .. the one I use is very dynamic so not sure all are as diverse as him but he is always tying , wills trusts etc into his real estate deals for the homen owners .. and has done the same in reverse doing title search work etc

 

DoublePlayBall

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metro said:

I have used a real estate lawyer for this .. the one I use is very dynamic so not sure all are as diverse as him but he is always tying , wills trusts etc into his real estate deals for the homen owners .. and has done the same in reverse doing title search work etc

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Thanks

 

KennyB

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I would look now and see if the person left a will. If not, upon that person's passing the intestacy statute would govern who inherits. It really depends upon what state the person is located. I am a Florida real estate lawyer.

 

DoublePlayBall

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Kenny B said:

I would look now and see if the person left a will. If not, upon that person's passing the intestacy statute would govern who inherits. It really depends upon what state the person is located. I am a Florida real estate lawyer.

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There is some type of documentation, (Not called a will), but I likely will not have easy access to it as the person with "Power of Attorney" has it. The state is NC.

 

JohnnyMac

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Probate lawyer, is what you are looking for.

 

DoublePlayBall

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JohnnyMac said:

Probate lawyer, is what you are looking for.

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Okay, that rings a bell..Thanks!

 

brendanjack

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1 800 lawyer were open on new years at midnight

 

KennyB

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Remember, a power of attorney is only valid as long as the person that gave it is alive. Unless there is a valid will or if the persons property is owned by trust, upon death any assets that are not either owned as joint tenancy with right of survivorship or an account set up with named beneficiaries upon death, any other assets must be probated under intestacy statutes. Is the person married and are their children?

 

mountain

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Check with The Register of Deeds Office in the county they live. There is a chance that the will and/or the POA is recorded

 

DoublePlayBall

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Kenny B said:

Remember, a power of attorney is only valid as long as the person that gave it is alive. Unless there is a valid will or if the persons property is owned by trust, upon death any assets that are not either owned as joint tenancy with right of survivorship or an account set up with named beneficiaries upon death, any other assets must be probated under intestacy statutes. Is the person married and are their children?

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Details that I do not know. The person is 95 years of age . My sister (we don't speak) has had power of attorney for so very long...I don't know what assets are left.. Lots of secrets it seems.

 

DoublePlayBall

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mountain said:

Check with The Register of Deeds Office in the county they live. There is a chance that the will and/or the POA is recorded

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This is where I will start and hopefully end. Good advice

 

mountain

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• #13

Double Play Ball said:

This is where I will start and hopefully end. Good advice

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You could probably do some checking online. 100 counties in NC so if you know the county, you can do some leg work before you contact an attorney.

 

Willie99

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• Oct 21, 2019

• #14

Elder Law Attorney

 

C.P.

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• #15

mountain said:

Check with The Register of Deeds Office in the county they live. There is a chance that the will and/or the POA is recorded

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I have a similar situation...

tried looking this up...

it's harder than I thought...

still searching though...

 

Willie99

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• Oct 21, 2019

• #16

Elder Law Attorney

 

KennyB

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• #17

Real Estate Attorney, Probate Attorney or Elder Law Attorney will all know what to do. If this were Florida I could handle it.