You come across a little 'hot' so I am jumping the gun and assuming that brother is doing this w/o your input.
Which, as POA he has the right to do. If he chooses not to share this information with you, that's sad, but not the least bit uncommon.
The will won't kick in until your mother's death. For now, all she has is HERS, not 'potentially' yours. And the other posters are correct, any money or investments that can be liquidated to help pay for mom's care are going to go first to her care, and IF there is anything left, you may get an inheritance. I find it best not to plan on inheriting ANYTHING and then you won't be upset or surprised to find that all her money went to her care--which is the way it should be.
My brother is my mother's POA. And he has chosen to share her trust information with us. Basically, all she has is her SS, and a very small life insurance policy. I expect nothing from her 'estate' and won't be disappointed.
Yes, the POA can dispose of the house without talking to you about it. Your mother's financial affairs are not your business because you were not chosen to serve as your mother's POA.
On your profile you wrote that your mother is in assisted living. The POA is selling the house to pay for AL. Now, if the POA uses the proceeds of the sale to pay for an all-expense vacation to Fiji, that's another matter.
Do not risk a bad relationship with your brother(?) step-brother(?) over a misguided notion that you are entitled to information about your mother's private affairs.
I amI am having similar issues I have three sisters my father passed away in 2016 and I inherited house and my mother from some of the research up done you're allowed up to 4 on one POA which ended up working out great for us and then we picked two of us to do all the signing instead of just one to try and keep a level ball field unfortunately you definitely find out the true side of somebody you've known your whole life and sometimes it's not pretty when a parent passes away seems like somebody always thinks they deserve more for some reason
Yes, he can sell it, and if there's no house at the time of her death, then it isn't anybody's.
People tend to make the mistake of thinking items they're due to inherit already belong to them. Big mistake, as situations often lead to changes. No reputable financial planner will factor in expected inheritances when planning for the future and neither should you. An inheritance is a gift and should be treated as such.
Yes, he absolutely can. We (POA's) sold my mom's home (to my son for full market value) and used every bit of the money for her care before she had to go on medicaid. EVERYTHING of value was sold, except her jewelry. There is nothing left for us but the few pieces of jewelry.
Norma, the important aspect to remember is that the Will doesn't become effective until death, so the children to inherit have no standing in terms of management at this point.
Yes he can. My Moms POA gave me the right to sell her house. Ur profile says Mom is in an AL. Maybe the house needs to be sold for her care. Since Mom is not living there, there are still taxes, utilities and upkeep. My Mom had some money for her AL but her SS was paying the bills on a house that she was not living in. A POA is not required to use their own money. So like ur brother I put Moms house up for sale.
When a parent starts having health problems that means they need 24/7 care their assets need to be spent for that. It could have been Mom selling her house to downsize to an apartment and uses the proceeds of the sale to pay for the apartment. Would you say to her, you can't sell the house because u left it to us? Ur brother has been assigned as her representative. As such, he does what is best for her. The alternative is her children paying for her care.
If you do take it to an attorney you will need to provide actual proof of the suspected mismanagement, fraud, theft and not just internal suspicion, disappointment, surprise and anger. I hope it all works out in your mom's best interests.
The POA is acting for the elder who appointed him. He is not under obligation to explain his actions. A will means nothing until an elder DIES. At that point the executor appointed for the will distributes what remains in the estate. If you suspect fraud on the part of the POA you can see a lawyer; take all documents and evidence that leads you to believe that the POA is not acting in a proper manner. Not only should a POA, who is required by law to keep good records of sales, deposits of resulting funds to assets of the elder, and etc, not REQUIRED to share information with others, he should not do so. This is the private information of the elder who asked him to serve in his or her behalf. So short answer, no, the POA need not discuss the decision to sell the assets of the elder with anyone else. When the elder is unable to act for him or herself the POA acts for them as proxy to do what is in the best interests of the ELDER in his opinion.
AndAnd that supersedes any other POA and from what I understand cannot be overridden hope this helps
Which, as POA he has the right to do. If he chooses not to share this information with you, that's sad, but not the least bit uncommon.
The will won't kick in until your mother's death. For now, all she has is HERS, not 'potentially' yours. And the other posters are correct, any money or investments that can be liquidated to help pay for mom's care are going to go first to her care, and IF there is anything left, you may get an inheritance. I find it best not to plan on inheriting ANYTHING and then you won't be upset or surprised to find that all her money went to her care--which is the way it should be.
My brother is my mother's POA. And he has chosen to share her trust information with us. Basically, all she has is her SS, and a very small life insurance policy. I expect nothing from her 'estate' and won't be disappointed.
On your profile you wrote that your mother is in assisted living. The POA is selling the house to pay for AL. Now, if the POA uses the proceeds of the sale to pay for an all-expense vacation to Fiji, that's another matter.
Do not risk a bad relationship with your brother(?) step-brother(?) over a misguided notion that you are entitled to information about your mother's private affairs.
People tend to make the mistake of thinking items they're due to inherit already belong to them. Big mistake, as situations often lead to changes. No reputable financial planner will factor in expected inheritances when planning for the future and neither should you. An inheritance is a gift and should be treated as such.
When a parent starts having health problems that means they need 24/7 care their assets need to be spent for that. It could have been Mom selling her house to downsize to an apartment and uses the proceeds of the sale to pay for the apartment. Would you say to her, you can't sell the house because u left it to us? Ur brother has been assigned as her representative. As such, he does what is best for her. The alternative is her children paying for her care.
If you suspect fraud on the part of the POA you can see a lawyer; take all documents and evidence that leads you to believe that the POA is not acting in a proper manner.
Not only should a POA, who is required by law to keep good records of sales, deposits of resulting funds to assets of the elder, and etc, not REQUIRED to share information with others, he should not do so. This is the private information of the elder who asked him to serve in his or her behalf.
So short answer, no, the POA need not discuss the decision to sell the assets of the elder with anyone else. When the elder is unable to act for him or herself the POA acts for them as proxy to do what is in the best interests of the ELDER in his opinion.
A will does not go into effect until the person who executed the will dies.
I take it that the person in question is alive and in need of funds from the sale of her house for care.
Never rely on an inheritance. Many events can intervene that make disposal of the assets necessary.