Legal Question in Administrative Law in Missouri

Durable POA and Will

My brother in law and his wife took care of our mother and moved in with her when she had beginning Alzhimers she gave them durable POA she put the house in their name now she has passed there really is nothing left to do. Do we still have to do something with her WILL since she is gone it was for her two sons share and share a like but since one son owns the house for taking care of her there really is not anything to share. Does the other son have any legal actions since he did not get anything from the estate?


Asked on 11/14/07, 10:55 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Durable POA and Will

Both parties should probably consult an attorney. If the person put the house in their name using the DPOA, that might not be lawful if it conflicted with the estate plan drawn up prior to the onset of Alzheimers. Also, if the parent transferred the house after the onset of Alzheimers that might not be a valid transfer. The aggreived son could file to probate the will and might be able to prove something called "undue influence" and prevail for half the value of the estate.

Of course, there are serious ramifications to this approach since the brothers are related and it might make for some very bad blood for a very long time. All these things should be considered.

In the long run I would suggest that both parties see lawyers and that if someone feels cut out or cut off, that they approach the other sibling about doing what's fair. But only after getting some legal advice.

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Answered on 11/15/07, 10:24 am


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