Legal Question in Wills and Trusts in Nebraska
Poa
An individual is a POA of an estate, single heir, who has never probated the
estate, what are the future problems for the family/spouse? The deceased
passed away approximately 12 years ago. The heir is accepting services from
the state, i.e., home modifications, commodities, medical care, etc. He does
not claim the resources as he is not the ''owner'', only the POA. What can I do
to ''move'' the money to a place where he can get to it, if needed, but not be
included in assets? I am very worried about this as he is in ill health and my
mom or myself will have to deal with it in the future. Please let me know your
thoughts.
1 Answer from Attorneys
Re: Poa
You have mixed a lot of terms in this query. A person who is operating under a poa is agent for another person, a principal. Once the principal dies the agency ends and the agent has no more authority to act on behalf of a principal. This has little or nothing to do with probate.
If you are asking what can you do to protect government benefits that have been illegally obtained in the name of another person, the answe is nothing.
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