If my house is in my Dad's trust can the POA take it from me?

Follow
Share

It clearly states that it is to go to me.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
9

Answers

Show:
The agent under the Power of Attorney has no control over assets that are not in your dad's sole name. Since the house is titled in the name of the trust, the agent has no control over the house: only the trustee of that trust has such control.
The trustee must follow the terms of the trust regarding what he or she may or must do to pay out any of the trust income or assets to or for the benefit of your father; this includes the possibility of selling the house if need be.
However, such decision would be solely that of the trustee and not the agent under the POA.
Helpful Answer (0)
Report

I am Power of Attorney for my mother, in her trust it stated that the house was to go to all three of us. In your Dad's trust was there only one home or more than one? Is the Power of Attorney a sibling or an attorney/3rd party?

If I had to guess, I would say that there was one home that probably belonged to your father at one time or still does. You reside in the home now, but your father gave the home to you within his trust. You are now being told by the Power of Attorney that they plan on selling the house to either pay for his continuing care or pay outstanding bills.

In my instance I am on disability and I cared for my ill mother for 8 years, therefore I qualify to keep my mother's home even if she should have to go on Medicaid to pay for a nursing home. I have to be honest that your absolute best bet is to go and see an Elder Law Attorney to get the final say so on what is legal and what is not.

Honestly, you really do not "inherit" anything until your parent dies. The Power of Attorney is saddled with the responsibility of making sure that your Dad is taken care of until he dies and pay for the care he requires. If the POA has the ability to do this without having to take your home and sell it, then they should do that and leave the home for you. The problem is that during these stressful times, tempers run high and siblings fight over the estate or what to do. If you do not have a good relationship with the POA, I would think that you could wind up without your house....out of spite. The thing is there has to be a very good reason in my mind to need to "sell" your home to care for Dad. If the POA just wants the house for them-self that can't happen due to his trust.

Bottom line.....get an attorney. They can give you the legal answers which will put your mind at ease.
Helpful Answer (3)
Report

Stressed52 is spot on in her answer to you Mira. I'd like to add that you should try to get copies of all legal on the house (everything that is filed on the property and recorded at the courthouse) and the trust document, then see an attorney. The POA one, well that the POA does not have to provide unless you are in a state (like MS) which requires POA's to be filed at courthouse and the family has actually done that!
Helpful Answer (1)
Report

If the Trust has to pay for his care, and there are no other assets, the Trustees may be forced to sell it. Read the documents carefully.
Helpful Answer (1)
Report

Depends what kind of trust it is, I suppose. A land trust? It's still dad's. He still controls it, owns it, pays the taxes on it, etc., etc. More than likely that's what he's got. He's called "the principle beneficiary" of the trust. You're callled "the contingent beneficiary" of the trust. And it's not your house, by the way. It would be unusual for people to have other kinds of trusts, but it might be. You need an attorney to decipher it.

If it's a land trust, dad's POA can sell the house (if dad agrees or is incompetent), and you get nothing.
Helpful Answer (1)
Report

We are not the ones to answer this question. Seek the advice of a elder affairs attorney. Cover all questions you have about wills, not leaving a will, POA, DPOA;s, types of trusts, and have the necessary HIPAA releases so you can get answers
Helpful Answer (0)
Report

If the care you provided has been medically necessary the house can transfer to you if you provided that care for a period of two years. In my Mom's case her trust requires that her care be paid for first then remainder of assets are split at the time of her death. In order to transfer the house to you, it would have to be removed from the trust first.

See an elder law attorney.
Helpful Answer (0)
Report

I would consult an elder law attorney just so you understand the terms of the trust.
Helpful Answer (0)
Report

I wanted to ask then, of the attorney, so that I understand: My husband and I have formed a revocable trust, into which our assets have been placed. We are each other's trustee and POA, with our son as our executor as well as POA (back up) for both of us. If I understand correctly, the POA for a trustee may act as basically, then the trustee. Is that correct?
Helpful Answer (0)
Report

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