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My husbands mother is in a home with Alzheimers. They have

 
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Customer Question

My husbands mother is in a home with Alzheimers. They have recently sold the house.
the hous was in 3 names, 1) mother-Marie, 2) brother-Scott and 3) brother -Mike.
Scott has POA on the Mom.

Do the proceeds of the sale of the house belong solely to the Mother or can it be split 3 ways as the house is in 3 names?
Scott has indicated that he asked someone and was told that it is a breach of Trust to split the monty 3 ways..
is this true?

 

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Province/Territory relating to question: Ontario

Already Tried:
the funds from teh sale of teh house sre going onto the Moms account on Friday... I have told my husband to ask Scott who he was talking to and get a second opinion.. The mother has more than enough money in her bank account to last her however long she lives and for future care or needs..

Submitted: 354 days and 19 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED
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Expert:  Debra Thal replied354 days and 16 hours ago.


Debra Thal (username) :

Yes it is.

Debra Thal (username) :

The house is the mother's.

Debra Thal (username) :

It was put in the children's names for estate planning purposes and not for ownership while she is living.

Debra Thal (username) :

To sell the house or make any decision that benefit the attorney under the POA or any and not the mother is prohibited.

Debra Thal (username) :

That money is for the mother's care and use until she dies.

Debra Thal (username) :

I hope that helps.

Debra Thal (username) :

It doesn't matter how much money she has.

Debra Thal (username) :

It's fraud to take her money because she is incompetent.

Debra Thal (username) :

It's not legally possible.

 
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