Poa, No Will, Lawyer Etc.

[lostforgottensoul]

I knew there was something fishy! I knew it!

So when my brother went to go see my mom in the hospital/hospice, my aunt, her sister, waa controling everything. His name was added to those whom can get info about her when he was there but removed the moment he left. Fishy!!

My brother thought so as well. Her son slipped in my brother's presence and said "You are going to take all of [my mom's name] like you did [her brother's name] aren't you?"

Come to find out, that's exactly what she is doing. Spending a shit ton of my mom's money. I dont know, she didn't work to my knowledge much longer after i left. They had a business but most of their money I made. Unless she had saved a lot that I made, I dont know if there's a lot of money. She has an SUV that I could use.

Anyway, my brother is here, hiring an attorney to see what can be done, if anything. He and I are both equal heirs and so whom knows.

Anyone have experience with this? Like if my mom's sister is power of attorney, convinced my mom some how and my mom had no will, is there anything he can really do?

 

[Enaila]

My boys are going to be receiving a small inheritance from their great grandma's estate as she didnt have a will. Her daughter has power of attorney, but because there wasn't a will it has to be publicly posted about her death and goes into ......Darn can't remember word for it....state has control until all debts have been paid. Contact a lawyer as soon as you can. Most will give you free consultation, estimate for their service, and take percentage once estate is settled.

 

[sedna]

I knew there was something fishy! I knew it!

So when my brother went to go see my mom in...

I knew there was something fishy! I knew it!

So when my brother went to go see my mom in...

Lfg, Be really careful about the lawyer. I've seen attorneys bill somebody $700 for 2 hours of saying "I dont know " to every question they asked .

For a while I did a lot of volunteer work walking people through the court system here, I had to stop because it was triggering some major stuff when kids were involved.
The power of attorney depends on which type. If its durable power of attorney, then she could have cleaned out your moms checking account by now. Its possible she can claim any property as well. If she got her to sign over power of attorney, its likely the aunt was smart enough to have it be basically total control for her.

Otherwise, it may have been just for a temporary amount of time, to pay bills and make medical decisions. If thats the case you can have your moms assets frozen, so she's be committing a crime if she took anything before a judge sorted it out. You and your brothers are direct heirs, 50/50. The aunt would only inherit if your mom specifically mentioned her and what she got, or if both you and your brother were dead. Your mom would have to have specifically disinherited either you or your brother in a legal document that was properly executed, to remove you as sole heirs.

Anything your Aunt takes or sells or gives away without proof of her being the entitled recipient is a felony and you can sue her.

The thing with lawyers, is you really need to make it sound like you already know the basics when you walk in. Google the hell out of it if that's all you've got. The other is, get them to give you 30 minutes of their time free. Tell them you want questions answered before you proceed but you are ' prepared to move forward' .

If you're willing to pay as soon as you walk in without knowing you have a legal case, you're a sucker.

Good luck.

 

[lostforgottensoul]

Be really careful about the lawyer.

Oh I know, I paid one $500 for 1 hr in court for a restraining order that i would have gotten by default as the other party never showed up to the countinued hearing.

My brother is down here by himself and he's seeing a laywer, not me. I trust my brother, I dont trust his wife.

Anything your Aunt takes or sells or gives away without proof of her being the entitled recipient is a felony and you can sue her.

Thats what he is thinking. We dont know if her account(s) are drained yet (she died 2 days ago, I doubt it) but I just reaearched it for the State of Florida (this would of been helpful, dumbass -- speaking to myself).

A DPOA is no longer vaild after the person dies in the state of Florida.

A will is next in line but if no will, as in my mom's case, she is cailmed "intestate" so all assests goes to any debts and once all of those are paid all goes to next heirs in line in the law which are me and my brother. Hopefully she didnt have a ton of debts but likely did.

He is having the sheriff go down tomorrow to seize all propety and see if he can press charges along with seeing a laywer.

 

[joeylittle]

If you don't know the entirety of he finances, then just let your brother follow it up. You don't know what liens might be on what, how much debt there is...and if it's your moms sister (blood relative), and she had power of attorney, you are likely to not get very far, frankly.

Also - you were estranged. That weakens your argument considerably.

If this was not a blood relative of your mothers, there might be more argument. But what you'll spend in legal fees and stress probably won't be worth the cost of the SUV and insurance. You could probably get your own beater car for far less.

Edit to add - I stand corrected! :) Been quite awhile since I've been around this sort of thing.

 

[lostforgottensoul]

you were estranged. That weakens your argument considerably.

Not in florida it doesnt. Florida has insanely loose laws when it comes to the deceased.

The DPOA isnt vaild, blood relaitve or not, estranged or not, im next heir in line on the law along with my brother.

I am gonna let him deal with it though. She had an SUV I could really use. He's making plans of meeting with me (just me and him) to figure out what to do with the stuff and split the money. He wants to sell it all and im cool with the but she has a sword her and my dad got in spain id like to have.

ETA: ^^^ If he gets it I mean. She may had too many debts and it might get sucked up in that. If she had a will the debts would never factor. Damn I knew thats why all Drs here bug you to death (pun intended) about a living will.

 

[sedna]

If you don't know the entirety of he finances, then just let your brother follow it up. You don't...

Actually an estrangement makes no difference in the law. It has to be specifically documented in a legally valid will that a direct heir will not inherit. Whether its less than they otherwise would or nothing at all.

There is no argument for estranged kids to be disinherited without a legal doc. saying so. The sister is lateral. Not inheriting anything unless its specifically designated that she will. This is universal in all 50 states as far as I know. Anytime there was a case won over an estranged relative, there was always big money involved. Big money = big attorney. Little cases, no.


What DOES make a difference, is just exactly how that power of attorney is written up, and if the aunt possibly made it appear as if the mom owed her money. That is a common way people abuse power of attorneys , by acting as an ' accountant' for the person while they are on the deathbed.

You can adopt a kid, they can runaway and you dont see them for 50 years. They show up when you're dead, they get equal share to your kids unless you wrote them out.

 

[joeylittle]

Interesting. Well, I definitely think it's wise to let your brother handle as much of it as he's able. Not because you can't, but because if you don't need to take on the stress, don't.

 

[sedna]

Dammit!! I hate when my comments do that quote thing! sorry :mad:

 

[lostforgottensoul]

What DOES make a difference, is just exactly how that power of attorney is written up, and if the aunt possibly made it appear as if the mom owed her money.

Ok, maybe. But if DPOA is dropped, would that stand as a legal debt?

I wasnt legally estranged, on either side. I know that as I was named an heir to be a CYA "Permission to Cremate" so I know Im legal heir by the Florida Statue that names it.

Did my homework! ;)

Im going to tell my dad to call my brother to have him look for any illegal stuff that makes it look like she owned my aunt money. Not sure how he's prove it but i suppose thats the lawyer's job.

 

[Deleted member 541]

@lostforgottensoul The thing with a POA..... There are different POA's... Some are very broad and the person has COMPLETE control over the money and how it is spent. Others not so much. I have had 2 POA's in my life and still have one, both were very broad, I could have taken everything, but never did because 1) I'm too honest, and 2) it's illegal to do so....

There are legal ramifications though if someone questions the use or misuse of funds. A POA isn't given to someone to just spend the money anyway they feel. It's given so that the persons estate and personal care will be taken care of. Bills paid, and all financial things will be take care of.

If you have questions as to HOW the $$ is being spent, or what it was being spent for, then by all means YES hire an attorney and have them ask the questions....

 

[sedna]

Ok, maybe. But if DPOA is dropped, would that stand as a legal debt?

I wasnt legally estran...

Avoid as much billable attorney time as possible. Look for bank statements and mail where your mom received mail. Find out where she had her account and explain to the bank manager she is gone, dont mention your aunts power of attorney when you do that.

They will not be able to give you any information legally, just let them know that you arent sure how her bills were getting paid and you want the bank to know that there should be no activity in her account except for automatic payments. Ask the bank to tell you how to stop automatic payments and find out where her payments were going. They will probably tell you you need a legal doc. to give the bank from an attorney . If your aunts name is on the account, you can find out by saying you thought your mom had a joint account but arent sure, they will usually give that up and confirm it, but not give you the name.

It is possible that they will give you more info. than they really should, it never hurts to try. But this is important, because they will flag her account for activity after you do that and pay attention to it.