No Will And Husband Is Selling Everything

[MOJO5873]

My sister just passed away. She had no will. She told me that she wanted to leave some land she had in NC to me but never got around to it. She lived in flordia. she has a daughter that has had a drug problem for ten years. she was in jail when her mother died. I just got her into a residential rehab for 6 months. She is court ordered. She also gave me full power of attorney. I want to know what I can do to protect the land and keep her from selling it for the wrong reasons. My sister's huband which is not the father of her daughter, said it should go to him and he will deed it over to me. but I heard she will get half. what can I do. Also the husband is selling everything at an estate sale. I know they had property in flordia, but because there is no will, is the daughter intitled to that. My sister left the daughter in my care because she knew no one else would watch over her. What can I do???

 

[seniorjudge]

Here's where the stuff will go:

Florida:
http://www.finance.cch.com/pops/c50s10d190_FL.asp

North Carolina:
http://www.finance.cch.com/pops/c50s10d190_NC.asp

 

[MOJO5873]

THANK YOU. But I still need to know what I can do about my niece. That was my sister's biggest concern. which is protecting the land from her selling it and going back to drugs. Like I said before, I have full POA over her. And one more thing. In flordia, If 2 people are married dose a morgage have to be in both of there names and what if it is in only the husbands name? Does the daughter get half of that. Someone told me that if a couple bought a house while they are married, then it is both of theres. so my niece gets half of that too.

 

[seniorjudge]

Who gave you POA over the niece?

How old is the niece?

You cannot control the niece's actions.


Q: If 2 people are married dose a morgage have to be in both of there names and what if it is in only the husbands name?

A: No; the mortgage could be in just one name. If it is just in the husband's name, then he is primarily responsible for paying it.


Q: Does the daughter get half of that.

A: Half of what?


Q: Someone told me that if a couple bought a house while they are married, then it is both of theres. so my niece gets half of that too.

A: Maybe, maybe not. There are a lot of facts to consider.

 

[MOJO5873]

My niece gave me POA while she is in jail and rehab. she does not know that my sister never put the land in my name. But it is what my sister wanted. all of the family knows this. but I am worried that my niece may do something stupid. I am not paying for all the bills for her and will be the one to pay the taxes on the land. my niece is 30 and has been on drugs for about 10 years and is also pregnent. the stepfather does not want anything to do with her. he hates her. I am the only family she has left.

Q: Does the daughter get half of that.

A: Half of what? half of the property that my sister has in flordia. my sister help pay for it, but I think it is only in her husband's name. the reason I ask is that I live in philly and after I flew back, I found out the the husband is packing up everything and going to sell it. I asked him about giving some stuff to the family to remember her. He told me that he needs to sell it to recover from the money that he spent on my neice. but he has plenty of money. the value of the stuff is not that much, but it is worth more to us because it was my sisters.

Also I forgot to tell that my sister is really my half sister. we have the same father. she also left her mother in my care which still lives in the house on the land in NC she is on medicare and can not have the property in her name because she will lose the medicare and she is on medication for Schizophrenia. I am so puzzeld. I do not know what to do. I promise my sister I would take care of her daughter and her mother. I can not brake my promise. my sister and I was suppose to take care of this, but she passed away before we could do it. Now I do not know what to do??? I really appreciate all your help so far. I am going to call a lawyer, but I just needed to know some things before hand.