Legal Question in Wills and Trusts in Nebraska

I am a PO for my motherinlaw who just passed- their is very little money left and will not be probated Do I need a lawyer or can I divide whats left among siblings?

Asked on 1/12/12, 11:04 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

PO is short for probation/parole officer. You might mean POA for power of attorney, but they terminate at the moment of death. You could also mean PR for personal representative of the estate; which is not the case if probate hasn't ben opened yet. Only the court can appoint you as a PR; perhaps you were nominated in the will to be a PR. There are alternative, and less expensive, filings for very small estates that you could discuss with your attorney. The money in the estate may be subject to taxes or other debts. If you distribute the money without permission from the court, it is possible you could be personally liable to replace it if a probate proceeding were initiated by a creditor. Safer to see an attorney and pay them a small consultation fee to see how you should proceed.

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Answered on 1/12/12, 11:28 am

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