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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?
Optional Information: 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..
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Thanks.
Barrister
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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..
Experience: 13 yrs practice, Realtor, Landlord 24+ yrs