Accepted Answer

I just want to clarify. I am assuming that your husband received power of attorney from his mother, and since that time his mother has passed.

The answer to your question depends on a number of factors. The answers to the following questions might provide a more definitive answer to your question, but I provide you with a general answer after listing these questions that might affect the end result.

Were you and your husband caring for your mother at the time? Were there other witnesses to the power of attorney as to her capacity (i.e., that she knew what she was signing, what power she gave your husband, and still executed the document?). Did an attorney help prepare the document?

Were the titles to the car and the land changed prior to her passing? Did he make these gifts as her power of attorney, or did she still make those transfers herself? Does the power of attorney provide your husband with power to gift?

Who is the executor of the will? Are these items explicitly mentioned in the will? If so, who were they supposed to go to?

Essentially, the grounds your brother-in-law might be able to successfully fight the transfers and the power of attorney is if he can prove that (1) your mother-in-law did not have the capacity to execute the power of attorney - i.e., she did not understand and did not have the mental capacity to understand the nature of the document she was signing at the time she signed it, (2) the document was signed under duress or influence (which may be presumed if you (your husband) were her caretakers), or (3) if he could prove that the power of attorney did not provide him the authority to give gifts.

Also, if the transfers did not clearly occur before her passing, this may be another ground on which to argue that the transfers were unauthorized.

In your support, if the will already provided disposition of these items to your husband, this can support your contention that your mother-in-law intended for these items to pass to him.

I hope this helps!

Best wishes -
--Karin
P.S. After submitting this answer, I note that some of the information I requested was included in your "optional information" which I did not see. Having witnesses as to what she wanted will work in your favor - particularly if they are disinterested witnesses, individuals who did not receive anything from your husband or your mother-in-law's estate.Karin39945.853694294

Expert:	Karin
Pos. Feedback:	100.0 %
Accepts:	46
Answered:	5/12/2009

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California Estate Planning Attorney