What is the name of your state (only U.S. law)? Father lives in CA. I live in TN.
On November 26th my father was involved in an ATV accident where he received a Traumatic Brain Injury. He has been in ICU since that night, sedated and unresponsive. He is not on life support, but the Dr.s were giving him so many medications to allow his body to heal. He has been taken off most of these medications and we are waiting to see how he will fair. At this point the Dr.s say it can be 2-3 weeks before we know anything about his condition but they do know there was significant brain swelling, bruising and he had 2 strokes.
Dad has had a live in girlfriend for 15+ years. He has adamantly refused to even discuss marriage with her, so there is no common law in this case. Dad has a medical POA listing her, then me, then his brother who lives in Louisiana. I am not sure if we are all on there as joint POA's or just in the order listed, we have power.
Dad has some serious financial decisions he has been putting off. I'll try to keep it short, but he tried to help my brother stay out of foreclosure and ended up buying his house and renting it back to him with the understanding the house would be put up for sale. It's been almost 2 years and now for the last 6 months my brother has paid approximately 1 months rent and owes dad nearly $20,000 in back rent. The house has been for sale for a few months but brother refuses to allow it to be shown on weekends.
My dad has about $15,000 cash left in his account per his "girlfriend". His monthly bills (including brothers place) add up to about $6000 per month. We need to get rid of brothers house NOW but there is no durable power of attorney that we know of and we don't have "months" to wait for dad to wake up and start making his own decisions.
The girlfriend has been paying dad's bills, I am not sure how she is doing this, she went and took out $10,000 out of his savings and put it in his checking so she could pay things, which is great, except she is taking the advice of HER son (no relation to my family at all) and paying brothers mtg when I think we need to not make the payment due to lack of funds!
Dad owes about $110,000 on his house but took out a 2nd mtg in the amount of $200,000 to use as a down payment on brothers house, then got a loan for $408,000 on brothers house. Brothers house did appraise for $680,000 2 years ago, but we all know how the market has been. The house has been for sale for $569,000 with no interest. I want to lower the price and get it sold but without any POA, there's no way to do it.
So what are my options??? I know I am listed on his will as executor and recently he filled out a paper and had it notarized removing my brother from any inheritance in said will, and I know that girlfriend is to receive "a percentage" of the estate, but that's all I know.
I am not in a position to get out to CA, but I can't let girlfriend continue to make decisions about my fathers estate based on what her son suggests!What is the name of your state (only U.S. law)?
On November 26th my father was involved in an ATV accident where he received a Traumatic Brain Injury. He has been in ICU since that night, sedated and unresponsive. He is not on life support, but the Dr.s were giving him so many medications to allow his body to heal. He has been taken off most of these medications and we are waiting to see how he will fair. At this point the Dr.s say it can be 2-3 weeks before we know anything about his condition but they do know there was significant brain swelling, bruising and he had 2 strokes.
Dad has had a live in girlfriend for 15+ years. He has adamantly refused to even discuss marriage with her, so there is no common law in this case. Dad has a medical POA listing her, then me, then his brother who lives in Louisiana. I am not sure if we are all on there as joint POA's or just in the order listed, we have power.
Dad has some serious financial decisions he has been putting off. I'll try to keep it short, but he tried to help my brother stay out of foreclosure and ended up buying his house and renting it back to him with the understanding the house would be put up for sale. It's been almost 2 years and now for the last 6 months my brother has paid approximately 1 months rent and owes dad nearly $20,000 in back rent. The house has been for sale for a few months but brother refuses to allow it to be shown on weekends.
My dad has about $15,000 cash left in his account per his "girlfriend". His monthly bills (including brothers place) add up to about $6000 per month. We need to get rid of brothers house NOW but there is no durable power of attorney that we know of and we don't have "months" to wait for dad to wake up and start making his own decisions.
The girlfriend has been paying dad's bills, I am not sure how she is doing this, she went and took out $10,000 out of his savings and put it in his checking so she could pay things, which is great, except she is taking the advice of HER son (no relation to my family at all) and paying brothers mtg when I think we need to not make the payment due to lack of funds!
Dad owes about $110,000 on his house but took out a 2nd mtg in the amount of $200,000 to use as a down payment on brothers house, then got a loan for $408,000 on brothers house. Brothers house did appraise for $680,000 2 years ago, but we all know how the market has been. The house has been for sale for $569,000 with no interest. I want to lower the price and get it sold but without any POA, there's no way to do it.
So what are my options??? I know I am listed on his will as executor and recently he filled out a paper and had it notarized removing my brother from any inheritance in said will, and I know that girlfriend is to receive "a percentage" of the estate, but that's all I know.
I am not in a position to get out to CA, but I can't let girlfriend continue to make decisions about my fathers estate based on what her son suggests!What is the name of your state (only U.S. law)?
