Follow
Share

My mom is a few days away from passing away. Per my previous posts, her POAs are her caregiver and caregiver's son. The caregiver's son is also her heir (details suck).
The only asset being left in the will is her home. Months ago she asked that anything my brother and I wanted be marked for ours. Additionally, we are to be the first ones upon her death to gather personal/family things in the home. These requests are in writing, signed by Mom and witnessed by caregiver (also her POA).

It's possible that there will be some disputes here from the heir.

So QUESTION: who is legally/technically the owner of the property until the will is probated?

Since POAs powers stop upon her death, seems like there would be a free window there. Not to despute the will, but to be comfortable otherwise.

Advise, please???? And HURRY. Mom has only days, if that. (This is the largest technical part of this process. Yes, I'm also grieving).

This question has been closed for answers. Ask a New Question.
Find Care & Housing
igloo, I am Guardian for my sister and it does trump all other POA/DPOA stuff. However in NY the Guardian's power ends when the ward dies. I don't think JA can get Guardianship in time to do anything. Just sayin'.
Helpful Answer (0)
Report

Your mom is the owner of her property but her DPOA can do as they see best assuming its reasonable. If you feel DPOA is invalid or coerced, you need to file for guardianship. Guardianships trump POA. Otherwise The caregiver as DPOA has the power position right now & then later since she is the named executrix.

TX allows 4 years for probate from when letters testamentary presented. That is a really long time and whomever is the named executor/rix really can control how done. Once its opened notices will be placed in the paper, you then have 120 days to present to court any challenges or debts to the estate. In theory, you can monitor & file on your own but in reality you need to hire an attorney to do this.

If this has been an ongoing issue, why haven't you filed for guardianship?
Helpful Answer (0)
Report

Legally, all assets are transferred to "The Estate of (name)" with a new EIN# from the IRS. Upon the death, all POA's immediately end. The Executor of the Will takes over. All assets are distributed according to the Will only after the required waiting period (see the state probate laws) all bills are paid FIRST.
Now comes the sticky part. You seem to have notes that are not part of the Will. Now you need a lawyer to contest the Will. You go to court.
Most Judges will look at the little notes and question whether there was undue influence, whether mom was competent, whether all parties knew about the notes. If the witness is also an heir, a conflict of interest arises.
All that gets very expensive very quickly. So work it out on your own and save a lot of time and money.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.