Q: Four years ago my aunt left my sister-in-law as power of attorney that the house gets spilt by the kids .
So now my aunt is 90 years old they shipped her to Italy and they sold her house and my kids never got their share that the Aunt promised them. I have it on video tape that the end gave a testimony to She said that she always had this paperwork in her safe at the bank but my sister-in-law ripped it up
A:
A power of attorney may allow a person to sell real estate why the person is alive. If someone promises to split a house once they die that falls under probate and a power of attorney has no effect.
If the power of attorney specifically stated proceeds were to be split there may be grounds to file suit. You should consult a lawyer in the jurisdiction where this happened.
A: Directions for how real estate or other assets are to be distributed after someone's death must generally be contained in a properly executed Will to be enforceable. There are a number of formalities that go along with executing a Will and if they are not properly followed the Surrogate's Court may not accept the Will and follow its directions. Generally, simply saying what you want to happen in the future even on video would not meet those formalities
A: If she is in Italy, there is nothing you can do. You would need to be her guardian, and then sue your sister in law.
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