My father passed away... he has a house, cars and a boat... there is no will... and no executor of the estate... he has two children that were adopted by other families... and there is me and my brother that are legally his... my brother stays in and out of jail and has a lot of legal trouble, and to keep the property and the vechile from being tied into a lot of legal issue... I would like to file to be the executor... but I don't have money to pay an attorney... I have the deed and the titles to all of his things... but legally no Power of attorney... how can I file... without payig a lot of money...

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Originally Posted by programmanager1

my father passed away... he has a house, cars and a boat... there is no will...and no executor of the estate.... he has

... me and my brother that are legally his....

... to keep the property and the vechile from being tied into a lot of legal issue... i would like to file to be the executor... but i don't have money to pay an attorney.... i have the deed and the titles to all of his things... but legally no Power of attorney... how can i file.... without payig a lot of money....

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Strictly speaking, you wouldn't be an "executor" because an executor is someone who carries out the terms of a will. You would be a "personal representative".

It wouldn't hurt to touch bases with a few attorneys who might be willing to help you for less than you might imagine. Times are tough right now.

Or you can research the probate statutes and rules for your state and do it yourself. It involves filing a petition with the court to be appointed personal representative. You might be able to find sample forms at the court clerk's office, or online, either at the court's website or on some other site.

By the way, a power of attorney wouldn't apply in your case. POAs are invalid after death. What you need would (in many states) be called "letters of administration", which you would get by filing the probate paperwork.