I have power of attorney over a freinds finacials and personal property. His sister wants me to give her some of his personal property before he is deceased. (which could be anytime now). I have moved his apartment properties to a storage,and just plan on having his daughter come and get it after he is gone. He has no will, only told me to let his sister have nothing. His daughter was only just found, has had no relationship with father for many years. so, am I okay to give her his stuff, after he dies, or must it all go to probate?
Country relating to Question: United States
State (if USA): Missouri
Hello,Thank you for using JA. If the friend has directed you to not give sister anything, then legally you would not be able to. A POA holder can not go against the directives of the grantor with regard to their property or assets. To do so would be legal and fiduciary breach..But if he has no will, if he allows you to give the property to daughter while living, then you can do so. After he dies, the POA expires and you would not be able to legally dispose of his property. At that point his estate would then own everything left and it would have to go through probate. .If he has no will, then the intestacy laws would control who gets what. If he has no spouse, daughter would inherit everything..
Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more" if you need further help as this is considered a negative rating against me. Just reply to me via the “CONTINUE CONVERSATION” button with the issue you have as I receive no compensation for my efforts for the lowest two ratings.
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
So, I could give his stuff to his daughter now, before he passes, without written consent from him, because he is too weak to write. but he has told me to take care as I see fit of his stuff. I do have him recorded on my video phone giving me permission to take care of all his things as well as the POA. I have moved his apartment belongings to storage, to avoid another months rent. is all of this above legal?
Yes, if he gives you permission to gift the property for him while he is living, you could give it all to daughter and avoid probate..And yes, as long as he approves, and you have a validly executed POA, you can gift the property to daughter without any written permission as he has explicitly already given you permission to dispose of the property..
13 yrs practice, Realtor, Landlord 24+ yrs
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).