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gplovesmoney · Sep 12, 2011, 10:58 AM

Hi I need to request an ex-parte, my brother died he did not have a will, a fried of his was at the hospital and they signed a power of Attoney for Medical and she's taking this as an exeritor of his estates, I'm the next to kin and I have already filed a court order, the date is not until Oct 20 2011. I need to take invetory of the thing n my brother house, was told to ask for ex-parte to have a judge hear my request, Please help.

tickle · Sep 12, 2011, 11:04 AM

Who signed a power of attorney for medical, your brother, appointing her legally to manage his treatments in the hospital; then the PA should have read 'for medical purposes only'. A power of attorney has no value once the person is deceased, so don't know what she thinks she is accomplishing. You probably mean she is using this as her apppointment as executrix and if there is no will then there is no office to be held as executrix or executor.

Get an attorney .
tick

twinkiedooter · Sep 13, 2011, 09:28 AM

Tick is correct here as the Power of Attorney is only for use while the person is alive.

And the friend cannot be the Executrix of the Estate as there is NO will. Only if there was a written Will can that be probated. Right now she is Executrix of nothing. Being next of kin you have more of a legal right then she does. Petition the court for an ex-parte hearing for a ruling on this "friend" taking over. ExParte means that only one party is present and the other party is excluded from the proceedings - so don't inform her of the hearing. The judge should grant your petition on these grounds.