Q: Can my mother's husband's adult kids take property that's in her name from her through POA?
Previously my mother's husband has wanted all of his assets to go to her when he died, primarily because he didn't want his adult kids to fight her and leave her with nothing (he updated his Will to reflect this). Now that he is on his deathbed and has been talking to his kids everyday, he changed his mind and wants to give his kids POA and make one of them executor of his estate to split everything. My mother is against this because she knows they won't leave her with a penny. My mom has 2 homes (1 in AZ and 1 in Mazatlan, Mexico) in her name as well as the vehicles. Although they haven't actually taken over anything legally, primarily because my mom/husband live in Mazatlan most of the year and are there now, if the kids obtain POA can they touch the assets that are in my mother's name? Will they have any rights to it after his death? (They've been married 16 years)
A: A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
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