Terre Haute, IN asked in Estate Planning and Probate for Indiana

Q: Can my mother's husband remove my mother from deed, leaving him as sole owner, then TOD to my sister? He had POA.

Mother's husband held POA and removed my mom from the deed, then did a transfer on death to my sister. Thank you in advance.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: With the POA he may have had the apparent legal authority to do that, but depending on a variety of factors, that might have been a breach of fiduciary duty (or not). More facts are needed. You should consult with an elder law attorney if you have concerns.

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