My dad just signed everything over to me, I am now have power of attorney.?

Question

can my step mother take half.

Can my step mother take half. The property was bought way before they were married, she invested nothing in it.

He has a trust and I am the trustee. step mom wants half of the property that my dad had bought a very long time ago she is not on the deed, but wants to take half. can she do that?

Answer 1

If he signed everything over to you, i would say he gave it to you. you now own it.
best have the transaction notorized and a copy filed with your local circuit clerk to make sure she can't sue you for half.
If you do not, she can try to sue you and may win if everything isn't legal and properly documented.

Answer 2

Power of Attorney doesn't mean that you are entitled to everything. Power of Attorney is a legal document authorizing someone to act on ones behalf, such as his needs or personal affairs. This can be with limited power or a great deal of power. The power given can be special, to carry out certain acts or transactions, or it can be general to act completely for him.

You should check to see if your father has a will. Your stepmother can take whatever he leaves her. Unless she signed a prenuptial agreement, she is entitled to at least half.

Answer 3

Did he also do a will? Power of attorney is over at his death, then executor of the will comes into play. That is distributing all his earthly things the way he has it wrote up in his will.
Power of Attorney means if he becomes unable to handle his own affairs and make proper decisions due to health....you make those decision's for him. You could have power of attorney and his wife could be executor of the will, its two different things. Also, power of attorney can be taken away from a person if someone can prove they are not handling things in his best interest. When your father dies the executor of the will....then distributes things according to the will.
I know this because I have had power of attorney and my husband is executor of his uncle's will. Two different things.

Answer 4

JAN says it correct... power of attorney only gives you the rights that he has. It doesn't always survive death. Was it a specifically stated purpose power of attorney? You might want to get an attorney, because your step-mom has rights to all of his stuff as the surviving spouse without a will.

I have seen it so many times, kids get nothing, step-mom gets it all... The kids are pissed and yaddy yaddy... It is sad that your dad is gone, don't make it sadder by fighting over STUFF... He married her maybe because he loved her, let it go and make your life without dad's stuff.

Answer 5

Since u have got the Power of Attorney, you have got the rights and powers to decide & get whatever u want that is legal.It depend upon the type of relation subsisting between u and ur step-mother, if it is right,she can take half only when u want to offer.

Answer 6

I think you need to talk to an attorney. I would think if he gave you everything, it would be yours, but how did he do this without your step mothers approval? See a attorney and before something happens.

Answer 7

honestly this is a multi step equation if you want some guidance look up elective share statues.
and go see an attorney this is extemerly difficult to do.

Answer 8

She is entitled to something but depending on your jurisdiction there might be some limitations on how much she can get.

Ask for legal advice on your city; at some cities you can get free legal counseling if you have no money.

Answer 9

BL
If your Dad died in yesterdays question how could he have signed anything today.

Did you get your Louis Vuitton wallet repaired.

Was that Tiffany Jewelry real or fake.

Did you collect anything from those renters of yours.

Just bad luck all around.

Answer 10

She already owns half of everything they shared jointly during their marriage. You can have no more then he could while married which is half of their estate.