Question About Life Estates and Remainder Interests

[honeybee47]

What is the name of your state?North Carolina

Hi -- My Mom has given me all her real estate with her keeping a life estate interest. My question is can she or my brother who has her Power of Attorney take back my remainder interest or sell the property without my consent or knowledge? Would I be notified if this were to happen? My brother has already received nearly all of her cash assets, leaving her only a small portion of a once substantial nest egg. He has been having financial problems and I am afraid that once he uses up what he has been given, he will try to take my part. She has always favored him and he can persuade her to do anything he wants. I am living with and caring for my mother with no help from him and I just want to know how, or if I even can protect myself from this happening. I can't afford a lawyer. I would appreciate some advice quickly as my brother has been calling Mom on the phone frequently for a few days and that usually spells trouble.

Thanks for your help!

 

[BlondiePB]

What is the name of your state?North Carolina

Hi -- My Mom has given me all her real estate with her keeping a life estate interest. My question is can she or my brother who has her Power of Attorney take back my remainder interest or sell the property without my consent or knowledge? Would I be notified if this were to happen? My brother has already received nearly all of her cash assets, leaving her only a small portion of a once substantial nest egg. He has been having financial problems and I am afraid that once he uses up what he has been given, he will try to take my part. She has always favored him and he can persuade her to do anything he wants. I am living with and caring for my mother with no help from him and I just want to know how, or if I even can protect myself from this happening. I can't afford a lawyer. I would appreciate some advice quickly as my brother has been calling Mom on the phone frequently for a few days and that usually spells trouble.

Thanks for your help!

Have you looked into petitioning for guardian/conservator over your mother? It will invalidate brother's POA. Brother can't do anything about the deed because your mother no longer owns the property.