Greensboro, NC asked in Family Law, Elder Law and Probate for North Carolina

Q: My sister is my dad's POS and the ezecutor for his estate. He moved to a assisted living yesterday. S

She wants my other sister and me to meet her at dad's house this week to divide dad's belongings and empty the house. Can she do this?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: If that is your dad's wish, then yes, she can carry it out. If your dad does NOT want the remainder of his belongings divided then no. As power of attorney she can do whatever he could, but she cannot act against his wishes.

In the grand scheme of things, if he has the property with him in the nursing home that he wants, this is not ON ITS FACE improper or illogical. BUT what your dad wants is the first consideration. If you aren't sure what to do, I'd suggest you consult with a local elder care / probate attorney to determine whether or not your sister is acting beyond the scope of her authority. As I said, there isn't anything jumping up and down screaming she's doing something wrong here ... and she's explicitly inviting (all?) the siblings to meet to insure everyone is informed and has input.

Why are you concerned? Is there something more that you're not saying? Again, seek local legal counsel if you're still unsure of things.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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