Q: If parents put their land and house in their oldest childs name and give them power of attorney to half all w. Sibling
But when parents pass the executor dont give sibling anything and sells parents titled property. What can other sibling do in regards to parents wishes. Parents said there was a will but has not been filed with probate. What can sibling do to get their part of inheritance.
A: This is what happens when people engage in do-it-yourself estate planning. Your parents may not have understood this, but a power of attorney is automatically revoked at death and, also, it is an unusual power of attorney that DIRECTS an agent to do anything in particular. Without a will or a trust or SOMETHING in writing stating that you were supposed to get half, you get nothing, unless your sibling voluntarily decides to abide by your parents' wishes, but doing so could cause tax consequences to her, which would not have been the case had the planning been done correctly. About the only way to fix this would be to take your sibling to court, but without some pretty solid evidence supported by consideration, I would say your chances of turning this around are quite slim and you could spend a lot of money for nothing.
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