Legal Question in Wills and Trusts in Pennsylvania

my stepmother passed away leaving my father her estate, however he has altshimers bad and my brother, myself and stepsister are in the will my brother is taking everything over POA he has but him into a home and refuses to inform me where. I moved to another state to care for him when she passed. spoke to my stepsister her biological daughter and my brother has not contacted her once. there is property involved a car in stepmothers name which i was to have also a house, camper etc what should i do


Asked on 3/13/16, 1:15 am

1 Answer from Attorneys

Have you ever learned basic grammatical rules? This is a run on sentence.

You need to see a lawyer who practices in the state to review the documents. You have several issues here.

(1) step-mother died. If she had a will, then property is distributed as per her will to her designated beneficiaries. If not, then her property goes to her husband and her biolgical or adopted children. It does not matter if you are named in her will unless you are an immediate beneficiary. Otherwise, you only have an expectancy which has not come to pass if her husband (your father is still alive). You need to see a probate lawyer who practices in the county/state where the stepmother's estate is pending and have them review the will. You also do not indicate when the stepmother died, what assets she owned at the time of her death or how they were titled. Answers to these questions will determine what if anything you are entitled to under the will.

(2) financial power of attorney - while neither I nor any attorney has seen the document, the agent (your brother) is obligated to use the power of attorney for the benefit of your father and manage the property accordingly. You indicate your father has Alzheimer's "bad." If that is the case, it is very difficult to care for people like this leaving no options other than a nursing home which can provide 24/7 care. However, these places are not cheap - they can cost $5000 or more a month.

A financial power only gives an agent the power to manage finances, nothing else. Does your brother also have a healthcare power? That is what is needed to be able to admit your father into a nursing home.

Obviously, there is more to the story than you let on. Most powers of attorney (healthcare) do not obligate the agent to disclose any information about the principal to anyone else. That said, it is very odd that a brother would not tell his sister where the father is located. So that means there is something going on - either brother is not acting properly or there are family issues in play.

You need to see an attorney (could be a probate attorney or elder care attorney) who practices in the county/state where your father is at. Powers of attorney can be defeated by a guardianship/conservatorship proceeding. If your brother is not acting properly then this may be the way to go. At the very least, the attorney can contact your brother and demand some answers.

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Answered on 3/16/16, 11:30 am


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