Follow
Share

My mother is the power of attorney over my grandmother's house who is deceased. The house itself was left to me and 3 other close family members, but not siblings leaving my mother as POA. I've been here living just me and my fiance and she wants to kick us out for irrational reasons on her behalf. Is she able to because she was appointed POA or does the will have any power in this type of situation ?

This question has been closed for answers. Ask a New Question.
What you need to do is go to the local probate office and ask if your Grandmothers will has been probated. If so, you can see the will and how it reads. If not, then you need to find out where the will is and who Gma left executor. It's the Executors duty to make sure the provision of the will is carried out. Not make up their own rules. If the house was left to the grandchildren, then why wasn't it sold and the proceeds split. Has rent been charged and if so, how has that been distrubuted. You don't own it personnally no matter what you find out. There r other people.  I think at this point all interested parties need to get together and find out why nothing has been done in 10 yrs.
Helpful Answer (2)
Report

POA duties end the day the person dies. Then the executor takes over settling the will. If it's left to you in the will it's yours. You would have responsibility for paying taxes and expenses related to the property unless other arrangements are made in the will.
Helpful Answer (2)
Report

I just verbally talked to one of the grandkids who was with the grandmother when she changed the will , it word for word states "all of the grandkids" in regard to who was left the house but he also informed us my mom is the overseer I was only nine when she died I'm 19 now so ten years ... Not sure if its probate
Helpful Answer (0)
Report

Were you living there when grandmother was? Did you take care of her? Was she on Medicaid?
Helpful Answer (2)
Report

Jstarks69, how long ago did your Grandmother pass away? Has the estate gone into Probate?

As 97yroldmom had mentioned above, your Mother no longer has Power of Attorney. That died when your Grandmother had died. Who is the Executive of the Estate? That would be mentioned in Grandmother's Will, if she had one.

If there was no Will, then it is up to the Probate Judge to decide who gets what. Usually it is the immediate heirs, such as Grandmother's children who would get the house and the rest of the estate.

Sounds like the estate hasn't been closed by the Probate Judge. Or if no Will, any decision has been made. Thus, everything is in limbo. Did you move in before the Will was read, or before Probate was closed?
Helpful Answer (2)
Report

A POA is no longer valid when the principal ( your grandmother ) dies.
At that point the executive of the estate calls the shots. If your mom is also the executor, then yes, she can ask you to move.
Did your grandmother leave the house to you and others in a will or was this something she told you verbally?
Helpful Answer (5)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter