Legal Question in Wills and Trusts in California
Will concerning a house
My mother died recently recently leaving her house to me. However, my older brother has the power of attorney. He wants me to pay him $5,000 before he turns the title over to me. Can he do this?
3 Answers from Attorneys
Re: Will concerning a house
The answer, under almost any circumstances, is no. However, are you sure it is "power of attorney" your brother has? This is a power granted by a living individual to manage all or portions of their estate/finance/etc. These generally are meaningless after the death of the individual. However, your brother might have been designated trustee of a trust your mother created, or executor of her will. Under these circumstances, he would have legal authority over her estate. So if, for example, you had an outstanding debt of 5,000 dollars to your mother.... then your brother would have a duty to collect that debt, or make other arrangements, before distributing the assets.
Even if this is a unpaid debt we are referring to, and your brother is the executor or trustee of your mother's estate... you still have some legal recourse. Your best bet is to speak to an attorney and show them the document your mother had which left you the house, and explain all of the circumstances. While we can answer your question, I cannot be sure this answer is satisfactory to your complete situation unless I know all of the facts.
Even if this is a unpaid debt we are referring to, and your brother is the executor or trustee of your mother's estate... you still have some legal recourse. Your best bet is to speak to an attorney and show them the document your mother had which left you the house, and explain all of the circumstances. While we can answer your question, I cannot be sure this answer is satisfactory to your complete situation unless I know all of the facts.
Re: Will concerning a house
As your mother has died, the durable power of attorney is no longer effective. So your older brother has no power under the durable power of attorney. (He may however be the executor of the will.)
Unless there are important facts you have not mentioned, the house can only be transferred to you by way of probate. I recommend that you retain probate counsel to assist you, especially if your brother is causing problems.
If I can be of assistance, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(tel. 877-Wessels)
Re: Will concerning a house
No! His power of attorney is likely worthless as she has now passed away.
If she left the house to you via a will, you'll likely have to go through probate. Find a probate lawyer in your area.
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