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Power of attorney question
Posted on 12/29/23 at 8:27 am
Posted on 12/29/23 at 8:27 am
For the counselors here , I have a legal question. A few years ago, my grandmother sold her family property that was divided among her living/ passed siblings family. However, my family decided to place her in a nursing home, in which she passed a few weeks ago. My aunt (grandmother daughter) has power of attorney, and basically handled all of her financial stuff. Now that she passed, am I along with my brother, entitled to my mother's share, or whatever is left? I do know there is cash available. Thanks
This post was edited on 12/29/23 at 8:28 am
19
Posted on 12/29/23 at 8:30 am to ChestRockwell
POA ends on the principal's death.
Posted on 12/29/23 at 8:31 am to ChestRockwell
Not a legal expert but my mom was power of attorney for my grandmother and this exact situation played out. My mom was not required to give my two cousins their share (their father, grandmother’s son, was deceased already) but she still gave them their share because it was the right thing to do. This was in Louisiana.
Posted on 12/29/23 at 8:31 am to ChestRockwell
quote:
my grandmother sold her family property that was divided among her living/ passed siblings family. However, my family decided to place her in a nursing home, in which she passed a few weeks ago. My aunt (grandmother daughter) has power of attorney, and basically handled all of her financial stuff. Now that she passed, am I along with my brother, entitled to my mother's
What kinda backwoods inbred Alabama shite is this?
Posted on 12/29/23 at 8:32 am to TDsngumbo
quote:
This was in Louisiana
Where is it now?
Posted on 12/29/23 at 8:33 am to TigerGman
quote:
POA ends on the principal's death.
Are you sure about this?
Posted on 12/29/23 at 8:33 am to Splackavellie
quote:
Where is it now?
What is “where” anyway? Isn’t “where” just “were” without the “h”?
Posted on 12/29/23 at 8:33 am to ChestRockwell
quote:
Now that she passed, am I along with my brother, entitled to my mother's share, or whatever is left?
Depends on the will and the designated executor.
If no will, you would be correct.
In my case, my paternal grandparents did have a will. My dad died 2.5 years before my grandparents. My sibling and I were written out of the will.
Good luck.
Posted on 12/29/23 at 8:34 am to Rouge
quote:
In my case, my paternal grandparents did have a will. My dad died 2.5 years before my grandparents. My sibling and I were written out of the will.
That’s shitty as hell. What’s the backstory there, if you don’t mind sharing?
Posted on 12/29/23 at 8:34 am to TDsngumbo
I see it more as here without the w, but to each his own.
Posted on 12/29/23 at 8:35 am to Rouge
I believe she did have a will drawn up.
Posted on 12/29/23 at 8:36 am to TDsngumbo
quote:
What’s the backstory there, if you don’t mind sharing?
Don't know and never will know.
Language stated, and I'm paraphrasing, that reasons known between us (sibling and I) and grandparents, and not out of a lack of love, we were to be left out of the will.
Haven't seen or spoken to that side of the family since (10+ years). Found out my uncle died from Facebook. Later found out he had cancer and nobody told me. So yeah.....
This post was edited on 12/29/23 at 8:42 am
Posted on 12/29/23 at 8:37 am to Grassy1
quote:
POA ends on the principal's death.
Are you sure about this?
Sure it's right in the Civil Code. How can you have a POA over someone that's passed?
He needs to consult with a succession attorney about how to proceed.
Posted on 12/29/23 at 8:42 am to TigerGman
quote:
He needs to consult with a succession attorney about how to proceed.
I'd agree here.
Louisiana's laws are pretty clear in general but anytime you start bringing in common property and such it can get messy.
If you move forward with succession and there is cash at stake, it's likely worth the investment to be legally counseled.
Posted on 12/29/23 at 8:46 am to ChestRockwell
quote:
Now that she passed, am I along with my brother, entitled to my mother's share, or whatever is left? I do know there is cash available. Thanks
What state?
Posted on 12/29/23 at 9:02 am to ChestRockwell
quote:
am I along with my brother, entitled to my mother's share, or whatever is left?
if there is no will to the contrary, then absolutely yes!
POA ends upon death.
Further just because someone is Executor of an estate after death does not mean they can freely chose to ignore successor rights.
Posted on 12/29/23 at 9:05 am to Grassy1
quote:
Are you sure about this?
. Yes. Posted on 12/29/23 at 9:14 am to Rouge
I only know this from seeing it multiple times. Otherwise rational and good folks will flat lose their minds and screw over their own blood for "their money and stuff" that they never worked a day to earn.
I don't know what it is about inheritance but it turns people bad. I guess I am lucky/not lucky that I have a small family and the only thing I am going to get from them will be bills and past due notices. Not a square foot of land or a dollar in a bank account with my people.
I don't know what it is about inheritance but it turns people bad. I guess I am lucky/not lucky that I have a small family and the only thing I am going to get from them will be bills and past due notices. Not a square foot of land or a dollar in a bank account with my people.
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