Legal Question in Wills and Trusts in Missouri
power of attorney
What are my rights as one of six siblings whose mother recently passed, regarding her finances and properties?
One of the siblings signed a Medical Durable Power of Attorney while my mother was hospitalized.
He removed the monies from her bank account before she passed. He took this paperwork to her bank and had all of the money in her account transferred into his account. The problem with this is that he has five other siblings who were to share this money.
Plus, there is property in Mississippi that was to be shared between all of the siblings. He somehow now states that he ownes the property. Problem is there has not been any legal action to confirm this to be legit.
What are my rights?
1 Answer from Attorneys
Re: power of attorney
Under the law of Missouri, when the holder of a power of attorney uses the power for his own benefit to the exclusion of others the transactions are presumptively invalid. This means that if you challenge the transfers in court you will probably win. As to the Mississippi realty. You need to have a title search done in that state to determine if he also used the power to transfer the title to himself, if so the same result will apply.
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