Liverpool, TX Estate Planning Law Firms & Lawyers

If the stroke affected the mental capacity, such that she can't sign, she cannot execute a power of attorney. You'll need to file for a guardianship. If she still have full mental acuity, but cannot use her hands, you can still get a power of attorney executed.

I'm sorry to hear about your father. A personal representative is not appointed by a probate court automatically you have to apply. The first step is to determine the assets and liabilities of the estate. Then you can choose which probate procedure to apply.

Generally speaking if your aunt's residence qualifies as her residence for Medicaid and she has an intent to return to it, then that home should be maintained and the other home sold. Make sure that her residence has a homestead filed upon it for her benefit. You do not address if she is competent or if a guardian s or attorney in fact is considering the sale. Those are important facts. If you have additional questions or want to address the specifics of the issue or how the ademption can/should be dealt with, please seek legal counsel.