Legal Question in Wills and Trusts in Alaska
transfer of investments on death bed
My father recently died of cancer. 1 week before he died he gave power of attorney and sighned over his investments to his wife.By a notary public who was also a friend of hers.No.he did not have a will.Can this action be legal since he was so close to dying?
1 Answer from Attorneys
Re: transfer of investments on death bed
The issue is whether he was competent when he did it, and some people are competent to the end.
The DPOA became ineffective upon his death, though. Because he had no will, the investments he signed over were a gift and he could do that.
Presuming your father was a resident of WA when he died, all his community property and one half of his separate property goes to his spouse. The other half of his separate property by law goes to his other heirs - that would be you and your siblings if any.
If this is worth it, you might consider lawyering up to do an adjudication of intestate probate. Hope this helps. Elizabeth Powell
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