Legal Question in Wills and Trusts in Georgia
2 siblings, the mother passes away, step father,Lewis is going down slowly. sibling (1) has lived in the basement apartment for parents home for 14 years rent, ele. cable free. he did do med runs and yard work, helping with the up keep. His new wife of 2 years also help care for her father--in-law, but drew a paycheck for it, even for washing his cloths while in the nursing home. It has always been common knowledge that there was a will. there was also known cd's, and quiet a sum of money to divide. Lewis go's down quick, he has alzimers and his mind fades rapidly. he passes away appox. one year after sibling one (1) puts him in a nursing home. not knowing anyone, and never walking again. He (1) now states that Lewis has changed his power of Attorney to him, and added him as a co-owner to the house and everything is in his name solely. but times, dates and statements don't add up or make sense. How do I start? Thank you
2 Answers from Attorneys
Powers of attorney are only for the living. If Lewis is dead, the power of attorney ended at his death. Someone needs to become personal representative of Lewis' estate. The power of attorney holder should be compelled to produce an accounting of what became of Lewis' assets and turn it and whatever assets are left over to the personal representative. If necessary, the personal representative may have to sue sibling 1 and prove that at the time these things were done, Lewis was not in his right mind because he had Alzheimers. You will need a probate litigation attorney for all of this.
The power of attorney died with your stepfather. Now, there is an issue of who gets the house. I hope your mother or stepfather had a will that protects your interests. Otherwise, under intestate laws, the new wife takes the house that your mother owned and probably wanted to give to you.
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