Legal Question in Wills and Trusts in Indiana
POA on real estate after death
Okay, kind of a confusing scenario but here goes: My father passed away in January of this year. After he divorced my second stepmother he purchased some land from her so she would not lose it. He stipulated on the deed that she would have POA over the ground after his death, as my brother now lives there and they wanted to make sure it stayed in the family. Fast forward a few years, and he was married to my third stepmother when he died. My third stepmother was a co owner on the property, however the POA remained on the deed for my second stepmother. Now #3 is threatening to sue #2 if she doesn't sign over the POA to her so she can sell the property and get rid of my brother. Can she legally make her sign over POA? What options does #2 stepmother have in this situation? Thanks for any help.
1 Answer from Attorneys
Re: POA on real estate after death
I am sorry for the death of your father. In your question you say your father bought some land from your second stepmother, but stipulated on the deed that she would have "POA" over the ground after his death. Then somehow your third stepmother became a co-owner on the property. This information suggests a mare's nest of legal concepts that cannot be untangled except by spending a little money to confer with a real lawyer who can look at all the documents and advise you in person about their legal significance. It's possible that the third stepmother will be legally entitled to control the property, since a power of attorney is ineffective after death. What's the matter with your brother that he doesn't just vacate the premises? Maybe your father wanted to create a disorderly situation so everyone would remember him. Your family needs "hands on" legal assistance, so pay the price. Good luck.
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