I’m confused with the role of agent. I’m doing and sacrificing, but my mom can't bless me because it might look bad. All my family members have taken money (over $7,000) each and property and that’s all good. I left my home and business to be here for her and she wants me to have the home. She wanted that before I moved. So can I be co-owner? Do I have any options at all.
Do I take out money I’ve spent on her now, as I go, or at the end? I’m considering putting the house in a trust with money market accounts. Any suggestions? Yes, I’ve called 3 attorneys and no return calls. Maybe they are in the Caribbean for the holidays or overworked, but just don’t get it.
Who told you that because you are her DPOA you can't inherit her house?
Or do you mean that you are unable to change her will?
You cannot put your Mom's home in a trust. Only Mom can put her home in a Trust. I am uncertain what you mean by being her "agent".
I wish you good luck. You will likely readily reach an attorney in the New Year.
I would temper my expectations before I speak with an attorney. Most of them do not want problem clients and this is not going to financially enrich them enough to put up with any unrealistic expectations or attitude because they took a holiday with their families.
I know you are frustrated but, it takes time to sort anything out through the law, even just simple paperwork or letters take time.
when I found out my mom was being neglected by my sister /brother who lived by her I came here immediately and yes I asserted the POA and all their underhanded dealing were stopped. I gave up my business because running back and forth even when I could take with wasn’t fair to her, my boss and wearing me out. She has dementia, but like I said she has always wanted me to have the house. I’d buy the house, but with financing now it would be a hardship on me. While my mom has money I pay for many little things because I hate to use her money for the little things as her illness progresses, but it adds up. My bro/sister wants there money in her assets. B4 I got here she wrote out checks for $10,000 to bro, $17,000 to grandson, a granddaughter stole 1.55 acres worth over $50,000. $6,000 for a car for great grandson. All people within 5 miles. They manipulated her and even threatened her if she didn’t comply. Yes, I’m frustrated and pist off my family did this to someone who has given her (my dad’s) whole life. No matter what my mom wants it’s irrelevant due to her diagnosis and now the vultures want to take what’s left. My bro who wouldn’t even help my mom change my dad’s pull up was coming over for 5 yrs and getting monthly checks from $200 - $500 a month. Every month while my dad was sick UNTIL he could no longer write checks. So before you judge a comment like you know my intentions please ask. It’s insulting weather you meant it to be or not. Like I said I’m not a thief and if I took off what they have scammed from my mom their part of the house would be null. Sadly life is not favorable for the honest people. I’m stuck in the
middle. My mom has sound of mind and wants me to have the house, but once an attorney hears she has been diagnosed they shut the door. Have a great day!
My law degree contained absolutely no training 'to decide if a person has the capacity to understand and sign', and I have no idea where and how it could be included in the degree. Lawyers who know the family well are often willing to make a guess, but I'd still recommend checking the 'leaky boat' issues, just to be prudent. A POA's substantial gift to self is not a small issue, and certainly ought to be questioned by an arms-length Executor dealing with the estate. It's a good idea to have an answer ready.
Being POA has nothing to do with you not getting the house, its your Moms mental status. I was POA and I still inherited. Being POA does not mean u can't inherit. When you gave up your life for Mom, you should have had an agreement in writing then. She could have Willed it to you. She could have turned it over to you with a stipulation she lived there till her death and hope she didn't need Medicaid within 5 years, or set up a trust.
Never ever let someone promise u something without it in writing. My MIL was told to put a codicil on her Will if there was anyone she wanted to give certain things to. She asked us all and never did the codicil. So when she died people came out of the wood work saying they were promised pieces of furniture, the car, etc. She had told a cleaning lady she could have the guest bedroom set when she died. Well, that was promised to me. The car? More than one family member was promised that. My grandson for one. We never found out why, but my niece got it. Her Dad was POA/Executor. If it all was in writing and notarized, the right people would have gotten what was promised.
Please consult an attorney. I hope you do get the house.
Did you sell it?
One important thing is whether everyone except you got a ‘gift’, and whether there is anyone else who might hold out their hand for money and challenge a ‘gift’ to you (or to the other recipients). In other words, is everyone in the same leaky boat, or are there other pirates out there who might want a cut.
A second important thing is whether you are the Executor of your mother’s will, or whether there is another third party (particularly a corporate executor company) involved that way in the leaky boat as well.
This is definitely one for a lawyer, including one who knows the rules about Medicaid look-back.
If everything adds up right (everyone with an interest is in the same leaky boat) it’s possible that you could have a deed drawn up agreeing that a gift to you and to the other family members won’t be challenged because you all know that it would be what your mother wanted.
Think about all that, and then see a the lawyer. Good luck!