My husbands mother remarried 25 years ago. Her husband passed…

Question

My husband's mother remarried 25 years ago. Her husband passed away two years
ago and left everything to her in his will. She is suffering from alzheimer's
and will be going into a retirement home shortly. My husband's sister and his
step sister both have P.O.A.s for living and are executors of her will. Recently
my husband's siblings have taken some family possessions out of their mothers
home that belonged to her pre her marriage. They have now been told by their
step sister to return all items for appraisal. These items have no real monetary
value but sentimental value only. What is the proper procedure in this case?

Debra · Accepted Answer

Debra Thal (username) :

The procedure is for the executors to manage the estate.

Debra Thal (username) :

So they are in charge of these belongings.

Debra Thal (username) :

And if these items have not been left to anyone in particular they do form part
of the estate to be shared with the residuary beneficiaries.

Debra Thal (username) :

But if they are to be sold then these beneficiaries should be allowed to buy
then from the estate.

Debra Thal (username) :

Usually they would just be shared with the beneficiaries.

Customer:

Thank you for this information.

Customer:

One of the executors (stepsister) does not think that the items have been
distributed evenly. Most items do not have too much value and are not of
interest to all of my husbands family members. Can they, on their own, without a
lawyer, sign a document saying that they are all individually in agreement to
how their mother's personal effects have been distriuted.

Debra Thal (username) :

If all the beneficiaries including the step-sister are satisfied then there is
no problem but as she is a beneficiary it seems she is not going to agree or is
that not the case?

Customer:

I don't believe that the sister in law is a beneficiary but we are really not
sure. we don't know what is in the will. My husband's sister who is an executor
also does not know what is in the will. We have asked her to view the will to
find out this information.

Debra Thal (username) :

What province is this?

Debra Thal (username) :

Has the Will not be probated?

Customer:

Ontario, Canada. My husband's mother is still alive but is suffering from
Alzheimer's. So the POA'S are acting on her personal affects at this time only.
She owns a home which will need to be sold eventually which will be the next
step. But, the sister in law seems to be stalling at every stage.

Debra Thal (username) :

I thought these were the father's things. I mis-read the question.

Debra Thal (username) :

No one can take her things now.

Debra Thal (username) :

It's unlawful to do so.

Debra Thal (username) :

A POA only authorize the attorney to do what is in the best interests for the
mother.

Debra Thal (username) :

No one else can benefit.

Debra Thal (username) :

So no one can take her belongings now.

Debra Thal (username) :

And when she dies the Will will guide as to what must be done.

Customer:

thank you for this information. Yes, that does make sense. Can the house be sold
to cover her living expenses? I believe that she does have cash available right
now to cover her living expenses for some time. Does she need to spend her own
money first before the house can be sold. do you know when the house can be sold
and if it can't does everything need to stay intact as is until she passes away?

Customer:

In addition to this last question. Can the house be sold under the direction of
the two P.O.A.'s and the proceeds be added to her estate?

Customer:

also, can my husband's brother's and sister's know the content of their mother's
will now (before she has passed away) or is this information for the P.O.A.'s
only. Their sister who has P.O.A doesn't have the desire or mind set to handle
matters effectively, can she resign as P.O. A. and another family member take
her place?

Debra Thal (username) :

The house can be sold if that is best for her.

Debra Thal (username) :

How her debts are handled is up the two Attorneys under the POA.

Debra Thal (username) :

The Will is confidential and no one should be looking at in including the two
Attorneys

Debra Thal (username) :

The sister can resign.

Debra Thal (username) :

I am not sure if someone can officially take her place or not.

Debra Thal (username) :

But the step-sister can delegate her authority to some extent to get some help
if necessary.

Customer:

Thank you very much. Two last questions please.

Customer:

If the house can be sold then what typically happens to the contents and
personal effects until my husband's mother passes away if they cannot be
distributed at this time. also, does my husband's sister who has P.O.A. and is
an exector for her mother have the right to see the contents of her deceased
husband's will? Apparently he left everything to my husband's mother but that
has never been formally discussed. And his step sister has removed many of his
pocessions from the home when he died two years ago.

Debra Thal (username) :

The contents can be stored in someone's home or possibly even loaned to family
members if the mother really has no use for them.

Debra Thal (username) :

But everyone must understand that when she dies those items do become part of
the estate.

Debra Thal (username) :

If the Will was probated it is a matter of public record.

Debra Thal (username) :

Your sister-in-law would have a right to see the Will even if it was not
probated.

Debra Thal (username) :

The step sister had no right to do so.

Customer:

Thank you very much for your help in this matter!

My husbands mother remarried 25 years ago. Her husband passed…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: