Poa Or Will Which One Prevails

[jennie.g]

What is the name of your state?AL

My mother gave me POA in 1998 which stated I was,"given full power of attorney and authority to do and perform all and every act, deed, matter and thing whatsoever in and about my estate, property and affairs as fully and effectually , to all intents and puposes." This becomes effective upon her disability. She has dementia and is currently in assisted living and is unable to care for herself or make any type of decision.

Also, I have used this poa for medical and it has been accepted by the government and her doctors but it does not specifically say medical poa. It does state peronal affairs.

I will be moving my mother to another state when I have to move and do not want any problems from my sibling who has done nothing for her the past 10 years. Of course, he is wanting to cherry pick all her belongings in her house and says my mother promised him all these things. Nothing is in writing though. He has contributed nothing financially, my husband has footed all her bills she could not pay. He would never help mom when she needed him to do things around her house. Has taken her to his home maybe 6 times over the past 10 years for a week or two but only at my insistance when I had to have some relief. I have rheumatoid arthritis and cannot care for her at home.
He lives 1 1/2 hrs away and only visits about every 3 months for about an hour. His theory is she doesn't remember when he was there the last time, it could have been yesterday as far as she was concered. He uses this for an excuse to her for other things.

My question is: does this poa prevail over her will of many years ago where he was listed as executor because he is the oldest and we shared equally.

I need to sell as much as I can for funds to care for her in assisted living. I do not want her to go on state assistance until I absolutely have to. I want her last years to be as comfortable and pleasant as possible. He wants her in a nursing home on medicaid.

I need advice asap. If someone can help I would appreciate it very much.

Jen

 

[BelizeBreeze]

As long as your mother is alive, the POA stands. The will is only valid upon her death.

 

[I AM ALWAYS LIABLE]

Jenni, you already know the answer if you've been listening to us in the past. As long as your mother is alive, the POA stands. The will is only valid upon her death.

My response:

. . . and the POA dies right along with Mom at the moment of Mom's death.

IAAL

 

[jennie.g]

As long as your mother is alive, the POA stands. The will is only valid upon her death.

So, as I understand it, I can sell, mortage or do anything I want to with the house and her belongings as long as she is alive. Mom wanted the deed out of name so I had both my name and my brother put on the deed for the house. Do I still have control of the house or do I have to have his permissions since his name is on the deed? Big mistake on my part. At the time it appeared to be the right thing to do. Wrong!

Does he have any power to stop me from selling some of things to create income for her? Can I, as poa, remove his name from the deed?

We have applied for equity line of credit to help until we can sell the house. I am wondering now will he want half of the proceeds of the sale for himself.
Oh, what a mess.

Thanks for your help.

Jen

 

[I AM ALWAYS LIABLE]

My response:

Take a few hundred of that "Equity Line of Credit" and see a local attorney for further information and assistance.

IAAL

 

[nextwife]

I don't get it........

Chutzpa prevails. I'm always stunned when:

a: family already knows what another person's will says. Only my husband and I and our attorney know what is in ours. I always considered that no one elses business. I can't believe how many people come here and post that they are expecting this or that per a will of a distant relative.

B. when a person thinks that a relative is OBLIGATED to include them in their will. Especially a relative outside of their most immediate family. I never would have expected my aunts or uncles to be concerned with anyone but their own spouses and own kids, for example, in their estate planning. And if their kids are s***s to them during their lifetime, the kid is then surprised and shocked to be excluded? Or upset that the other sib who stayed around and cared for mom or dad is getting more than they?


c. a person who may get something in a will in the event of another's death thinks that the future decedant has no right to dispose of the item during their lifetime! How does a "potential heir" have the right to consider something in a will theirs when the person is still alive?

 

[I AM ALWAYS LIABLE]

My response:

Back in 1979, my Grandfather made a Will, giving me his entire farm and 180 acres of land in East Texas. Today, he's 103 years old, and he acts and looks like a 37 year old (he's a Jack LaLane freak, has a German Shepard, has all these chairs all over the place he uses like LaLane does, wears Spandex like LaLane, and he uses a Susanne Sommers "Thigh Master" like there's no tomorrow! Squeak, squeak, squeak, from that damn thing - - that's all I ever hear! He's already broken three of those damn things at the spring tensioner! He still makes his girlfriends very "happy". He's got a "shlong" that goes to his knee, and that's not even erect! I mean, when he's wearing his Spandex - - and that's every single day - - it's not a pretty sight. According to two of his five girlfriends, "He ain't shootin' blanks either, pal!")

Here's my problem:

The son-of-a-bitch won't DIE!!

What can I do? I'm not getting any younger, myself, and I would like to build apartment buildings and shopping centers!

I'm thinking of poison. What do y'all say?

IAAL

 

[HomeGuru]

IAAL, that's hilarious.

 

[nextwife]

Back in 1979, my Grandfather made a Will, giving me his entire farm and 180 acres of land in East Texas. Today, he's 103 years old,......

The son-of-bitch won't DIE!!

What can I do? I'm not getting any younger, myself, and I would like to build apartment buildings and shopping centers!
IAAL

LOL!

Danged inconsiderate of hiim to hang around and mess up your development plans!

 

[BelizeBreeze]

Danged inconsiderate of hiim to hang around

Depends on what you mean by "HANG"....I guess the ladies don't complain

 

[HomeGuru]

No, that's the hidden message. Hang the old goat.

 

[Dandy Don]

Consult a real estate attorney to find out what you can do to correct/reverse the transaction where you mistakenly added brother's name to deed. You will need to also find out if you need to take your name off as well. If title is in mother's name, then you can sell the house while she is alive and the money still belongs to her and with POA you get to decide how to spend it, which you will probably use for her continuing care.

The money from the sale of the household items is also in your control, since the assets all belong to mom while she is still alive. Brother has no legal claim to any part of it, but it would be smart of you to let him have a few items he wants if there are no other assets in the estate that he will inherit after the death occurs.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)