Legal Question in Wills and Trusts in Washington
Power of Attorney Responsibilities vs Guardianship After the death of a parent
My Grandmother passed away in November of this past year..The living will gives my Mother Power of Attorney over estate and savings account.No guardianship of my uncle who is 56 and downsyndromes was awarded..Shortly after her death I stepped into the picture as I am an I.P. to look after my uncle ,His brother now has guardianship of my uncle who was left behind.The will states that the house cannot be sold until after denny ( my uncle with downsyndromes) has lived out his life in the home and a savings account has been set in place to pay for the taxes and the quality of his Life over what he gets thru SSI..My Mother who has power of attorney over the estate is seeing a lawyer tommorow to contest this will she ideally wants to sell the house and move my uncle into her home to live with her so she can profit off of him and become a martyr within the family..My uncle who has guardianship has had to walk on eggshells as hes not sure what legal rights he has to overturn her power of attorney rights as she has failed to respond to any duties listed or act..until this point ..she has been a tyrant and a bully and is only seeing doller signs for herself not my uncle who was left behind after .What can be done to ensure the house stays?
2 Answers from Attorneys
Re: Power of Attorney Responsibilities vs Guardianship After the death of a pare
Your uncle the guardian should contact an attorney.
Re: Power of Attorney Responsibilities vs Guardianship After the death of a pare
Your uncle has what is called a "life estate" in your grandmother's home. Your mother is the Personal Representative for your Grandmother's estate and is entrusted with making sure your Gandmother's wishes are honored, not contesting the will. If she does she can be removed as P.R. by you or your other uncle.
Your grandmother's will is published and on record at the courthouse where she died. Go look at it and see what it says and what it provides and what the 'non-compete' clause says.
Your uncle clearly needs counsel. This is not a self-help problem and I can't in good conscience try to help you do this yourself.
Every county in WA has access to low-income volunteer legal services through the local bar association, and usually a Lawyer Referral Service. Call these people this morning and set up an appointment or two.
Good luck!
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