She was out of her mind on Hospice at the end of life how could she legally sign anything? They have already been through her house in will spilt 50/50 so POA (Son) can't keep us out????? So after death POA is worthless????
Who is Executor of the Will. Hope not the POA. The Executor can ask that everything taken be returned. The POA did not give the person holding it this kind of Power. If Executor and POA are one and the same, you may need a lawyer to tell them that everything needs to be returned. Check with Probate how this would work.
I think the POA was gotten illegally. I asked in your other post if it was witnessed and a notary involved. They have to be there when Mom signs it.
Hospice wasn't the entity to decide if your mom could legally sign anything. Hospice provides end-of-life care, not legal services. Determining legal capacity is the job of the attorney who supervises the signing of the papers drawn up in his/her office. You need to consult a lawyer to find out if anything she signed was done in a legal manner. Do you have copies of these alleged documents?
As for how many people it took to get her into a car, that's irrelevant if her brain is capable of understanding what she was signing. When my dad reviewed his will for the last time before he died, it took three of us to get him in his car because his legs were no longer strong enough to support his weight. We helped him into the lawyer's office for a one-hour appointment. They went over the will, and dad signed codicils. He was certainly mentally capable as ascertained by his lawyer.
Sandy, sorry but I'm still trying to understand. The son (your son? her son? your brother, step brother?) having POA is now meaningless because both medical and financial POA ended upon her death, he can't use either one any more.
WHAT position did he take - is there a new last will and testament naming him as executor and/or changing the conditions of her will or not?? And if her estate is being split 50/50 it seems as though you are not being disinherited so what exactly is it you want to happen instead?
You keep saying house is 50-50. I don't know what you mean by that. No POA can make your Mom's house 50-50.
If you mean executor then you are talking about a will, and I cannot know whether you are talking about a POA or a will. They are two entirely different things. One allows you to act for someone unable to act for themselves BEFORE death, and the other AFTER death.
As Mom is gone now her estate will be divided as directed in her will. If there is no will then it will be divided according to the laws of the state.
I would see an attorney so that the questions and answers are clear for you. I sure wish you the best.
Who is the executor of the will? IS there a will? Who has opened probate, because that person will be the one assigned by the courts as administrator of the estate.
You need to see a Trust and Estate Attorney ASAP, and I wish you luck.
My YB was mom's PoA---and after she died, her wishes were to have my other YB be her executor and he did. Altho PoA was mad as a hornet about that--he had to acquiesce. He still did a LOT of stuff that he shouldn't have (cleaned out her apartment with his family--a lot of stuff went missing!) and made some decisions that weren't what mom wanted.
The executor is what we call a Dr No-shot-meaning he simply doesn't do conflict, so he let it all go. The rest of us--no matter how WE felt about it, were asked to simply comply and not make a scene.
I hope for your sake you don't have that kind of dyamic going on. It's been hard.
Yes, the moment a person passes away the person who was legally assigned as their PoA no longer has any power unless they are also the Executor of the Will. The Executor of the Will (if your Mom assigned one) must begin to carry out the details of the funeral and burial she specified, and has the legal responsibility of dispensing with her estate and possessions as outlined in her Last Will and Testament. In many states her assets may need to go through probate, a legal process, before her assets and possessions can be distributed.
If she didn't leave a Will, then that's a different story.
POA ends at death. If there is a will the executor is now in charge of administering the estate, if there is no will each state has laws that deal with intestacy, if you wish to challenge a will then you need to see a lawyer.
https://www.agingcare.com/questions/sibling-tricked-dying-mother-to-change-poa-stage-4-cirrhosis-and-stage-3-renal-failure-could-hardly--480256.htm
Who is Executor of the Will. Hope not the POA. The Executor can ask that everything taken be returned. The POA did not give the person holding it this kind of Power. If Executor and POA are one and the same, you may need a lawyer to tell them that everything needs to be returned. Check with Probate how this would work.
I think the POA was gotten illegally. I asked in your other post if it was witnessed and a notary involved. They have to be there when Mom signs it.
As for how many people it took to get her into a car, that's irrelevant if her brain is capable of understanding what she was signing. When my dad reviewed his will for the last time before he died, it took three of us to get him in his car because his legs were no longer strong enough to support his weight. We helped him into the lawyer's office for a one-hour appointment. They went over the will, and dad signed codicils. He was certainly mentally capable as ascertained by his lawyer.
WHAT position did he take - is there a new last will and testament naming him as executor and/or changing the conditions of her will or not??
And if her estate is being split 50/50 it seems as though you are not being disinherited so what exactly is it you want to happen instead?
If you mean executor then you are talking about a will, and I cannot know whether you are talking about a POA or a will. They are two entirely different things. One allows you to act for someone unable to act for themselves BEFORE death, and the other AFTER death.
As Mom is gone now her estate will be divided as directed in her will. If there is no will then it will be divided according to the laws of the state.
I would see an attorney so that the questions and answers are clear for you. I sure wish you the best.
Who is the executor of the will? IS there a will? Who has opened probate, because that person will be the one assigned by the courts as administrator of the estate.
You need to see a Trust and Estate Attorney ASAP, and I wish you luck.
If it was just the POA that is now totally irrelevant 🤔
My YB was mom's PoA---and after she died, her wishes were to have my other YB be her executor and he did. Altho PoA was mad as a hornet about that--he had to acquiesce. He still did a LOT of stuff that he shouldn't have (cleaned out her apartment with his family--a lot of stuff went missing!) and made some decisions that weren't what mom wanted.
The executor is what we call a Dr No-shot-meaning he simply doesn't do conflict, so he let it all go. The rest of us--no matter how WE felt about it, were asked to simply comply and not make a scene.
I hope for your sake you don't have that kind of dyamic going on. It's been hard.
If she didn't leave a Will, then that's a different story.