My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »
This is an interesting question. A POA authorizes another person to handle financial affairs, as opposed to personal decisions, such as where to live. You could go to court and ask to be appointed the conservator of the person (as opposed to the estate) and then you'd have the power to... Read more »
EDIT: If the answer doesn't include anything related to the process and just says HIRE A LAWYER, dont bother
You need to hire a lawyer where your father died and seek to be appointed the administrator. This will give you the power to act regarding your father's estate.
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or... Read more »
Or
Can all the beneficiaries get together and agree on a distribution that is different from the will?
Without a will contest?
Yes, the beneficiaries can agree on a distribution different from the will without a will contest.
Can witness be executor to the will
Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were... Read more »
With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could... Read more »
The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother... Read more »
The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a... Read more »
If you are a beneficiary of the trust, you have the right to ask the probate court to get involved to look at your complaints about how he is handling things. Whether the court will remove him depends on the nature of the problems and probably on the terms of the trust. You should contact an... Read more »
This is a hard question. Even a person with dementia may have the mental capacity to sign a will or codicil if he knows what he is signing, knows the natural objects of his bounty (his children, relatives, etc.) and knows the extent of his estate.
You can file to become the administrator of the estate. Connecticut law states that if a person dies without a will, and has no spouse, the assets in the estate go to the children.
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.
This would be what is called "self-dealing." If the POA document itself allows self dealing transactions, it would most likely be ok assuming that the terms of the transaction are fair. But self-dealing transactions are looked at very closely, so it needs to be a fair deal based on fair values.
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