My parents have a will that leaves their estate solely to me. Is this all I need? - AgingCare.com

My parents have a will that leaves their estate solely to me. Is this all I need?

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I have POA of both Mom and Dad. I also have 2 brothers but they don't do anything for them. Is this all I need when the time comes. Can they change anything in the will or take the home away from me which goes to me.

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A will is pie in the sky ... you may not inherit what you expect.

If you are providing care for your parents now, I think you should be paid now, and also inherit whatever is left. To leave a paper trail in case the will is contested, etc., draw up a care agreement specifying what you do, and what they are paying. The three of you sign it. This is payment for services, not a gift, and not part of your inheritance.
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POA is null and void upon death. If there is a will the executor takes over.
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I learned a couple of things from my mother-in-law's death about a year ago. 1) If any children of the deceased are not named in his/her will they can contest it in court and possibly win a share of the estate. It is better to name each child and designate a small sum, say $1.00 for each of them. That way the issue of their inheritance is not up for debate after the person has died. 2) If the person has a will that names only one child, and does not name all of the children of that person, a way to secure the inheritance for the one named child is to put all of the assets in a trust with the one child named as the successor trustee - that locks in those assets for that one child and cannot be disputed by other unnamed children of the person. My mother in law left all of her sizeable estate to one son without naming any of her other 4 children in her will. It would have been disputable, but the valuable assets (house, car, etc) were all held in the Trust and favorite son was named the successor trustee. So the other siblings could hire a lawyer and contest the will and even win - but what they would win would be their equal share of $0.00 - the amount that was in the estate.
My mother in law left behind a virtual hand grenade when she died: She secretly had willed 100% of her assets to one son - this was done 25 years before her death. No mention was made of any of her other four children in her will. She also had a clause in there that if anyone contested the will they get nothing. She wasn't taking any chances!! She also set up a trust to hold the valuable assets and designated him as successor trustee. So he made one phone call after her death to one sister, and she called the others. He cleaned out the house, not allowing anyone to come on the property, and gave nothing - not even a photo - to any of the other 4 siblings. One sister went by the house one night and rescued some photos he had thrown in a dumpster. None of the siblings has had any contact with him since her death and likely won't ever. He had her cremated and didn't have any kind of service for her so there was no honoring her life or coming together as a family to mourn her death. She was a very nasty person and I think of it as her last "FU" to her family.
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I agree with FF.. I am an only child, so it all comes to me,, that means anything or nothing, depending on what the future brings.. I like to think that I will be fine, but I could get nothing if Moms care becomes such that her financial situation changes and her care eats up her estate. I am not counting on anything so I can be aware of the need to plan for my own future..financially. Better to be pleasantly surprised than upset and angry. Wills are contested, but it sounds like your parents have tried to provide for you in responce to all your care. Good luck!
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shirley1957, a lot depends on your parents health and if they do not outlive their assets. Let's say for example your parents have in their Will that they both are leaving you the house and various bank/stock accounts.....

Not having your brothers in the Will could become a nightmare. Right now your brothers aren't doing anything for their parents, but what if one of them does step up to the plate and gives a lot of help. Imagine how upset he would be to later finding out he's not mentioned in the Will.... he could challenge the Will and maybe win.

As some would say, never count your chickens before they hatch... the house and savings account could find their way to reimbursing Medicaid if in the future your parents need a higher level of care, and Medicaid is the only route.
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To expand on the above answers - The contents of a will is the single, consistent thing in all 50 states that can not be legally altered - changed in any way by anyone else other than the person who's will it is. Not POA, not DPOA - no one.

This however, does not mean that the will can not be challenged- contested - in a court of law. Generally, there needs to be a valid reason for contesting - beyond the "it's not fair" argument. Typically, things like the will being written under duress, undue pressure or promises made to family members after remarriage - be it to the "old family" or the "new". Sometimes claims of another will being in existence come into play. But for these arguments to be considered valid there has to be some sort of proof. That said - seems you're always hearing of some whacky claim that is given weight by a judge - so you never know for sure until the time comes. Counting your chicken before hatching and all that.

If you think you have any real cause for worry you could always consult an attorney- maybe have them give the will a once over - with your parents permission, of course.

I will comment on kaykays final statement of "it's up to you for distribution...". That's assuming you are also the executor named in the will. POA ends with the death of the principal so any action regarding your parents assets would then become the responsibility of the executor- is that you? If that isn't you, that's something you need to consider. Goodness knows there have been a fair share of stories here about executors pulling a fast one.

But whatever you do - now and in the future - as you act as POA for your parents, make sure you're keeping good records and receipts for any monies of your parents that you are spending. Do everything to the letter of your granted authority and with total honesty - by the book. Do not give your brothers any ammunition nor a judge any reason to doubt your integrity.
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They might contest the will, but they can't change it.
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It depends on what POA you have. Most people will only get medical POA. So if you don't already, I would work on getting financial POA. It will help with any issues. When it comes to the will, ONLY your parents can change it. It would be up to you for distribution, should you want to give them anything.
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