Legal Question in Family Law in California
Unmarried couple of 22 years,one passes away, does power of attorney succeed liv
My neighbors have lived together for 22years but the mobile home they live in is only in her name and now her Power of Attorney (daughter)She is terminal and her spouse who has paid off the home is disabled in wheelchair. Her daughter has Power of attorney and therefore claims once her mother passes he can go to a nursing home and have no claim to the home or its value.Does Power of attorney succeed him being the rightful homeowner if his name is not on title but on payment for 22 years?
1 Answer from Attorneys
Re: Unmarried couple of 22 years,one passes away, does power of attorney succeed
Your question says it concerns an unmarried couple, yet you mention a spouse. I an answering assuming that the couple in the moble home are not married. The power of attorney will die with the person giving the power and then the right to control the estate is given to the executor and administrator in probate to the successor trustee under a living trust. If she wants to provide for him and protect him she should do so by her will or trust. If he has inproved or paid off the moble home, he might have an action for the amount he paid, but I say he might have an action, many more facts need to be developed, such as what was the agreement between the parties concerning the money that he spent. Good Luck, Pat McCrary
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