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isb · Sep 10, 2012, 07:09 AM

My father passed away 8 years ago and had a proper will, at which time I took my mother to the attorneys office to update the will. She kept it the same as my father had it, I saw both of them at the attorneys office. She has recently passed (3 months ago) and I still haven't heard anything from the brother that was Power of Attorney while she was alive and when I called the attorneys office, he said he is no longer handling that case. I am unsure what steps I need to take now. I have also contacted the attorney office that I believe is handling it now, but they have not called me back and wouldn't they tell me if they were not handling it?

JudyKayTee · Sep 10, 2012, 07:48 AM

Originally Posted by isb

My father passed away 8 years ago and had a proper will, at which time I took my mother to the attorneys office to update the will. She kept it the same as my father had it, I saw both of them at the attorneys office. She has recently passed (3 months ago) and I still haven't heard anything from the brother that was Power of Attorney while she was alive and when I called the attorneys office, he said he is no longer handling that case. I am unsure what steps I need to take now. I have also contacted the attorney office that I believe is handling it now, but they have not called me back and wouldn't they tell me if they were not handling it??

I have no idea what/how your mother kept her Will "the same as [your] father had it" means.

The Power of Attorney died with her - it does not survive her death, and it is now meaningless.

You need to locate the Will and see who wsa appointed Executor.

I have no idea what "not handling the case" means. An Attorney writes the Will. That does not include handling the estate unless someone retains him.

Ask your brother if he has the Will.

AK lawyer · Sep 10, 2012, 08:33 AM

Originally Posted by isb

... when I called the attorneys office, he said he is no longer handling that case. ... I have also contacted the attorney office that I believe is handling it now, but they have not called me back and wouldn't they tell me if they were not handling it??

As JudyKayTee said, an attorney cannot automatically begin "handling" a probate estate simply because he or she wrote the will. If you believe you were appointed executor in your mother's will, it would be up to you to

locate the will; and
retain an attorney for the purpose of petitioning the court to probate the will.

What makes you suspect that the other attorney's office is handling it? Is the brother who had the POA possibly the exector also? Contact the court directly to see if a probate petition has been filed. They can also tell you what, if any, attorney is representing the executor.