dad past leaving mom with property bro with poa spent all monies?

Question

can we siblings retrive money from estate sale owed to siblings that bro with poa spent not on mom. before she past? property was sold he gave us each diffent amounts he wanted then spent the rest in time. we now have this one in probate. what about the pastense? he is now incopetent with a wife and kids waiting to inherit more helpme

Answer 1

It depends on a few things.

POA's are only valid as long as the person who gives it is alive, and some don't even survive the person becoming mentally incompetent. There are insufficient facts to know who the POA was from, but if it was from Father and used after his death, then nothing done under that POA is valid and the one that did so can be forced to disgorge the greater of the value or sale price of such items.

If the POA was from Mother and used while she was alive, there is still a question of whether she was mentally competent at the time of execution, or if it was under duress, or simply improperly executed.

These are all questions that can be raised, but be aware that the attorney for the Estate is not YOUR attorney. All that attorney wants is to close the estate, needs the court's permission to dispose of all assets, and really doesn't care who gets what as long as they get paid.

Get your own attorney.