Multi part Question ?

[hesignedit]

What is the name of your state (only U.S. law)? illinois

Father recently passed away , he had an annuity that will pay for 10 additional years . My aunt had power of attorney and is speaking currently to the company that handles the annuity . I have an alleged sister who has said aunts power of attorney expired the day my father died and she is seeking to take control of this . If this happens she will not share fairly if she share at all . I am his legal child and to my knowledge she is not . So here are my questions and please let me know if you need additional information to help me ?

Should I attempt to contact the company handling the annuity first or call a lawyer directly ? If the answer is call a lawyer then what type should I contact ?

What documents will and wont be accepted as proof that I or my sister is his child ?

If taken to court will decisions weight heavier in favor of those who can prove they are his children ?

I believe sister had life insurance in which Im sure she named herself as the soul bennificiary , is there a way to contest this ? Is there a way to find out if policies exist ?

 

[LdiJ]

What is the name of your state (only U.S. law)? illinois

Father recently passed away , he had an annuity that will pay for 10 additional years . My aunt had power of attorney and is speaking currently to the company that handles the annuity . I have an alleged sister who has said aunts power of attorney expired the day my father died and she is seeking to take control of this . If this happens she will not share fairly if she share at all . I am his legal child and to my knowledge she is not . So here are my questions and please let me know if you need additional information to help me ?

She is correct that a power of attorney expires when a person dies. If anything has to go through probate, then someone needs to be named as executor or administrator of his estate (which is probably what your sister is trying to do.

Should I attempt to contact the company handling the annuity first or call a lawyer directly ? If the answer is call a lawyer then what type should I contact ?

I would think that you would need to contact an attorney first.

What documents will and wont be accepted as proof that I or my sister is his child ?

Birth certificates or copies of an order of paternity from the courts.

If taken to court will decisions weight heavier in favor of those who can prove they are his children ?

I believe sister had life insurance in which Im sure she named herself as the soul bennificiary , is there a way to contest this ? Is there a way to find out if policies exist ?

your sister was allowed to take out separete insurance on your father and name herself fhe sole bendficiary. Separately, anyone who cannot prove that they were his child could not inherit...but they could not deny the child anything that the child was a beneficiary on, unless it is crystal clear that some sort of fraud went on.

 

[hesignedit]

I dont believe she will be able to prove she is his child unless the will accept the obituary because I dont believe he signed her birth certificate. As far as the insurance is concerned she had soul access to him for quite a few years so anything is possible . Will an attorney be able to find out if there are insurance policies and contest the pay out or is that not possible .