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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7403
Experience:  Experienced Family Law Attorney
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My name is ***** *****. If I draw 100,00 out of my mom's

Customer Question

My name is ***** *****. If I draw 100,00 out of my mom's estate as part of an early inheritance and I am holding her power of attorney, then I die, does my estate have to pay my mom back if she survives me?
JA: Thanks. Can you give me any more details about your issue?
Customer: I live in Washington state. My sister just called me and told me that since my brother died and I inherited his estate, that I have to pay back the early inheritance draw my brother received while he was still alive because my mom survived him.
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Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
I was wondering if anyone found anything out?
Expert:  LegalGems replied 8 months ago.

A POA cannot be used for personal gain; the agent owes a principal a fiduciary duty, which means that the agent cannot act with self interest, unless the early inheritance is specifically authorized in the POA document.

If the POA authorizes it, then the estate of the agent would need to reimburse the estate as generally a predeceased heir will not inherit (though some estate planning documents make provisions that the descendants of the heirs will take their share, and the court will deduct the loan). Also, sometimes a will/trust will provide that a loan is to be deducted from an inheritance; other times it will state that an outstanding loan is a gift upon death. If there is no provision, then it is deemed a loan.

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Customer: replied 8 months ago.
if I am understanding you correctly, then I have to pay it back to mom?
Expert:  LegalGems replied 8 months ago.

Yes, unless the estate planning documents state that any outstanding loans to heirs are to be considered gifts.

Expert:  LegalGems replied 8 months ago.

Did you have any other questions on the above? A loan would need to be paid back unless the will stated it would be a gift.

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