Legal Question in Wills and Trusts in Alabama
deeds/wills
hello i have a question my mother is power of attorney over my grandmother whom is in a nursing home and she has a deed to the property but my grandmother dosent have a will and im wondering what she would have to do to get the property changed to her or someone of her choosing's name so when the time comes she dosent lose the property my grandmother is not of sound mind and cannot make decisons on her own she is in another world so to speak thank you for your time and anything you can do will be appreciated thanks
1 Answer from Attorneys
Re: deeds/wills
This question has quite a few facets, so let me see if I can touch on all of them. First, an Agent under a POA cannot enrich themselves at the expense of the Principal or they can get in legal trouble, so your mom would have to sell the R/E at FMV in order to stay clear of any problems. She can't give it to a family member either, unless the POA states that she can. Second, if grandmom is on Medicaid or might be in the future, giving the RE away will create a penalty with Medicaid. Third, even if Grandmom doesn't have a will, her RE will pass to your mom and any other siblings at grandmom's death, so it won't be lost as you say. If you need more help give me or another probate lawyer a call. My website is www.NolanElderLaw.com
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