• Sign in to Neowin Faster!

    Create an account on Neowin to contribute and support the site.

Sign in to follow this  

P.O.A. or not needed

Recommended Posts

Bruinator    48

My GF's mom is 88 years old and she has 2 older sisters that dont have anything to do with their mom or her. Their dad passed away yrs ago. Her mom's will is set up so that she gets the house, money (IRA,Bank, Bonds) and what not. Is that all that needs to be done legally or is it best to have a power of attorney for when things turn for the worse?

 

Opinions or if you have been through something similar are more than welcomed. :)

Share this post


Link to post
Share on other sites
DaveLegg    1,029

It's probably better to have it setup and not need to actually use it, than need to use it and it not be setup ready to go. You never know what circumstances might change

  • Like 2

Share this post


Link to post
Share on other sites
jnelsoninjax    14,573
33 minutes ago, Bruinator said:

My GF's mom is 88 years old and she has 2 older sisters that dont have anything to do with their mom or her. Their dad passed away yrs ago. Her mom's will is set up so that she gets the house, money (IRA,Bank, Bonds) and what not. Is that all that needs to be done legally or is it best to have a power of attorney for when things turn for the worse?

 

Opinions or if you have been through something similar are more than welcomed. :)

As long as there is a will, your GF should not have any problems. What will happen is upon her mothers death, the will enter what is called probate (done through the courts) the court creates an estate that is used to act as the individual and handles all financial aspects of her mother, at that time any creditor who has a claim (medical, etc) presents it to the estate and the estate then pays it. After that process any remaining funds, including property, is then given based on how the will is written, and since you say that she gets the house, then the court will follow that, unless there happens to be other siblings who want to fight it, this is called contesting the will, it is a nasty drawn out process, and I would hope that it does not happen. If you need more info/help, I highly recommend https://www.reddit.com/r/legaladvice/ you can get answers to allot of your questions there.

  • Thanks 1

Share this post


Link to post
Share on other sites
Bruinator    48
8 hours ago, jnelsoninjax said:

As long as there is a will, your GF should not have any problems. What will happen is upon her mothers death, the will enter what is called probate (done through the courts) the court creates an estate that is used to act as the individual and handles all financial aspects of her mother, at that time any creditor who has a claim (medical, etc) presents it to the estate and the estate then pays it. After that process any remaining funds, including property, is then given based on how the will is written, and since you say that she gets the house, then the court will follow that, unless there happens to be other siblings who want to fight it, this is called contesting the will, it is a nasty drawn out process, and I would hope that it does not happen. If you need more info/help, I highly recommend https://www.reddit.com/r/legaladvice/ you can get answers to allot of your questions there.

If her siblings contest the mom's will, wouldnt a POA negate that from happening? Just curious as I do not know.

Share this post


Link to post
Share on other sites
jnelsoninjax    14,573
Just now, Bruinator said:

If her siblings contest the mom's will, wouldnt a POA negate that from happening? Just curious as I do not know.

I have no idea, that would be an excellent question to post over at Reddit, or find an estate lawyer and pay for a consolation.

  • Thanks 1

Share this post


Link to post
Share on other sites
Bruinator    48
13 minutes ago, jnelsoninjax said:

that would be an excellent question to post over at Reddit.

Done, Thx for the idea. :)

Share this post


Link to post
Share on other sites
Jim K    15,692

Are we talking about after the mom dies?  A POA is for when the person is still alive but they are voided upon the persons death.  That is where the will comes into play ... and the executor of the will.  If the will is contested, well ... the judge will probably side with the Will.

 

So, while alive ... Living Will/Durable (or a Springing) Power of Attorney/Advanced Directives/etc

After death ... Last Will & Testament/Executor (should be in the Will)/Life insurance policies/etc

 

...but it probably would be best to seek actual legal advice.  

  • Thanks 1

Share this post


Link to post
Share on other sites
episode    630
Posted (edited)
1 hour ago, Bruinator said:

If her siblings contest the mom's will, wouldnt a POA negate that from happening? Just curious as I do not know.

No. Power of Attorney just gives the person the authorization to act on the other's behalf. As @Jim K said, its for when the principal (mom in this case) is still alive and ends at death. I believe this is the case in all states but I'm not 100% on that. There are also different types of POA depending on what you're looking for.

 

The will can still be contested. You can bring anything to court. Whether or not the filing has any merit is a completely different issue.

  • Thanks 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.