Legal Question in Wills and Trusts in Maine
personal representive
i was my moms poa then when she passed she names me personal representive she wanted the deed to her property put in my name and a stipulation that her husband could stay until he died we had it notarized i signed as poa as my mom wasnt able to leave the house to have it notarized sent it back to have it recorded it was recorded the day she died now he is saying its his house is this legal aso the lawyer who has my moms will is also his lawyer what can i do
2 Answers from Attorneys
Re: personal representive
There are a variety of facts which are relevant to providing general legal information concerning the situation described, including where the property was, where your mother resided when she had the documents prepared, what ownership interest, if any, your stepfather had, etcetera.
If this involves a NH or MA estate, please feel free to contact me to pursue the question further. If it involves a ME estate, you should contact a ME probate & real estate attorney.
Re: personal representive
The issue seems to be if the deed you signed as POA for your mother before her death is effective. The POA would need to be reviewed to see if it gave you the power to deed the property to yourself.
It may be valid, but the Power of Attorney may not give you the power to gift the house to yourself, too. Was the POA also recorded with the Deed?
If you are uncomfortable with the lawyer who has the Will due to his/her representation of Husband, then you can hire another lawyer to represent you as the PR, help you Probate the estate, and request that the Will be given to your new lawyer to be filed with the Probate Court.
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