Legal Question in Wills and Trusts in Indiana
I am POA for my mom. She passed Monday. The deed to the house was "joint tenancy ith rights of survivorship" with my name listed on it. Since then the Executor of the will is telling me I do not on the house and that he can do anything he wants there. The house still has furnishings in it to be divided amongst the 7 of us. Some of the siblings have went in the house any written on items, some grandchildren too, to claim these items without the rest of us being around.. Also, one of my sisters have told him she has lived there for 6 months. She has been there since April as my mothers care giver. Are my hands tied and what do I need to do?
1 Answer from Attorneys
The P.O.A. is irrelevant because it ends at your mother's death---it is not void. But if you are correct about the title to the house, it is yours. This, however, isn't a do-it-yourself project---you need to go to an attorney to protect your rights. It is not proper that the siblings are removing property---the executor is supposed to preserve all property and distribute it properly or sell it.