estate question

[de031ma]

My wife's uncle passed away a few years ago and her father had power of attorney. He had no will at the time and all his money was split amongst his siblings evenly by a law firm we hired. Now the law firm is receiving checks from an asbestos settlement he was involved in before he died. Does this money still have to be disbursed among his siblings or can it be disbursed by the power of attorney as he sees fit?

NY state

 

[anteater]

You should answer the question asking for your state since responses can be state-dependent.

But, since this is a short one...

The authority of your wife's father under a POA expired when wife's uncle passed away.

ADDED: Thanks for editing to add your state. But, in this case, it does not change the answer.

 

[de031ma]

so...

the estate which is controlled by the lawyer has to distribute the funds accordingly with siblings?

 

[anteater]

The funds would part of the uncle's probate estate and would be distributed according to New York's intestate succession statutes. Since other estate assets were apparently distributed to the siblings already, presumably, those siblings are the rightful heirs under intestacy.

I have to assume that the lawyer to which you refer was appointed by the court to administer the uncle's estate.

 

[de031ma]

well..

I believe we went to him after my wife's Uncle passed away, don't believe he was appointed by a court. He was working with my wife's uncle on asbestos claims before his death. The lawyer gets paperwork from the settlements that my wife's father has to sign every few months then a check comes through. makes me wonder if its all up and up.
Thanks for your comments on this, I appreciate it.