Legal Question in Wills and Trusts in New York
Wills and Power of Attorney
My mother has dementia and lives with my brother. He has power of attorney. Her Will states that upon her death I will inherit her home and he will inherit whatever money is in her accounts. The home she lived in is vacant and he now informs me he wants to sell it. Will this leave me with no inheritance? I have been told that he has the legal right to sell the home and as power of attorney can do as he pleases with the money. He has offered to put money from the sale of the home into a Trust for me which will pass upon her death. Am I entitled to the full amount of what the house sells for?
1 Answer from Attorneys
Re: Wills and Power of Attorney
It looks like you and your brother are on good terms, and that's important.
The power of attorney does not give your brother unfettered power to do as he pleases. The power may, and probably does, have restrictions. Basically it enables your brother to carry out your mother's wishes and not to enrich himself. His proposal to place the proceeds of the sale of the house in a trust fund for your mother's life and for her lifetime benefit, with the remainder to you, appears to be consistent with the wishes she expressed in the Will. It's probably what she would have done had she been able to make sound decisions.
Keep in mind that a Will only becomes effective at death, and so long as you mother is alive you have no ownership rights in the house.
Try to work this out with your brother.
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