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My father in law passed away without any assets and was in nursing home. My sister is power of attorney and hired a lawyer without talking to me am I responsible for the cost of the lawyer?
No, the cost of a lawyer comes out the estate. If she hired a lawyer thats on her. And sister was no longer POA once Dad died. Why did she hire a lawyer if there were no assets?
Why is your sister involved in your father-in-law's estate? I'll assume you meant your own dad.
Of course you aren't responsible for any payment. Your sister has zero power over anything, as the POA expired the same moment the Dad did. SHE hired an attorney -- not you, nor your dad's estate.
Yes, how did the letter read? If money is mentioned, I would send a letter back that you did not authorize the hiring of a lawyer. Nor did you sign any paperwork saying your are responsible for any payment. That your sister was assigned POA and at your fathers death the POA was null and void. That there is no need for an Executor because there is no estate. Your sister hired a lawyer without your knowledge or consent so payment is her responsibility.
If he had no assets, why does a lawyer need to be involved?
Assuming you didn't sign any retainer agreement, I don't see why you should be responsible for any charges. It wouldn't hurt to put that in writing to your sister, ASAP, just to be on the safe side.
OTOH, perhaps there are outstanding bills owed to the nursing home, and that's why she retained an attorney? Still, most attorneys I worked for required retainer agreements, and presumably you didn't sign one, so I don't see how you could be stuck with his/her fees.
JoAnn raises a good point: did she retain an attorney before or after your FIL died?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Of course you aren't responsible for any payment. Your sister has zero power over anything, as the POA expired the same moment the Dad did. SHE hired an attorney -- not you, nor your dad's estate.
Assuming you didn't sign any retainer agreement, I don't see why you should be responsible for any charges. It wouldn't hurt to put that in writing to your sister, ASAP, just to be on the safe side.
OTOH, perhaps there are outstanding bills owed to the nursing home, and that's why she retained an attorney? Still, most attorneys I worked for required retainer agreements, and presumably you didn't sign one, so I don't see how you could be stuck with his/her fees.
JoAnn raises a good point: did she retain an attorney before or after your FIL died?