Legal Question in Wills and Trusts in Mississippi
Lifetime rights and Succession
What happens when the surving spouse with lifetime rights becomes debilitated and sells property with 1 childs consent and the other left in the dark until after fact? She moved to another state and child who listed and sold property has pow of att, took all banking business to another state without other childs knowledge, is this legal? Can she be forced into a succession? If so, what is the time frame on this? Was a resident of MS at time and now of LA
1 Answer from Attorneys
One child hoodwinking the other child
I don't know about MS, but in my state, the other children don't have to be notified of what one POA/child does, necessarily. The person who is Attorney-in-Fact under a Power of Attorney (in NC) might, depending upon the language of the POA, have authority to do anything and everything that the parent giving the POA could have done himself/herself. Did you think that a Power of Attorney meant that you would have to be notified of what was/is to be done? Not in my state. Now, if the Attorney-in-Fact does something against the interest of the PARENT, that would be another matter in NC. Someone could bring a lawsuit against the Attorney-in-Fact for such things.
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