Legal Question in Wills and Trusts in California
Does my brother who has power of attorney and executor of my Mother's will,cash in on an item before my Mom dies. My mother left the condo for me. It's in her will. My mother is 99. Now he says he is running out of money and can't afford to pay her expences. He is going to sell the condo that I've living in for fifteen years. Both the piano and the condo are listed in the will. My mother wants me to be able to live in the condo. Does my brother have the right to sell the condo? Basically he's selling her inheritance while she is alive.
2 Answers from Attorneys
It depends upon what the POA is for. If it is to handle her financial affairs and that is the only asset she has left, what else can he do? He is not obligated to pay out of his own pocket her expenses. Perhaps he can re-finance the condo? Do you pay rent on it? So you contribute anything to her expenses? It is not fair for you to live there without paying rent if that is the case.
Wills are ambulatory. They only take effect when the maker of the will (called the "testator") dies. If your mother needs money to take care of expenses now, and has given your brother a valid power of attorney, she can sell her assets now. Your parents have every right to spend your inheritance, that's why it is a funny bumper sticker.
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