How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My sister took my mother out of a nursing home in Jan of

Customer Question

My sister took my mother out of a nursing home in Jan of 2012 and bought my mother's house for $10.00 (house worth $600K) and also had my mother grant her a power of attorney to run all aspects of her life including financial matters without telling the three brothers. We found out eleven months later. Our mother died 3 weeks ago. Her will and the revison of the the will signed by my father and mother when they were bith alive made me the executor of the estate. I believe I am still the executor as power of attorney does not allow her to modify a will. Now that my mother has passed on, do all of the remaing assets fall under the control of the will and the executor. I belive power of attorney is only inforce when she was alive. Is this correct?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: What documents or supporting evidence do you have?
Customer: The will and the letter to 4 children in 2005 making me the executor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Now that my mother has passed on, do all of the remaing assets fall under the control of the will and the executor.

.

Correct. Once mother passed, anything in her name then instantly becomes an asset owned by her estate. Once someone files a probate case and is appointed as executor of the estate, they will be able to gather all assets and begin to settle the estate.

.

I belive power of attorney is only inforce when she was alive. Is this correct?

.

Correct again, a POA expires at the instant of death of the grantor.

.

So as long as there is a validly executed will naming you as executor, that would still be valid and put you in control of the estate once you are appointed by a judge.

.

.

thanks

Barrister

Related Estate Law Questions