How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118175
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
Type Your Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I inherited half of my moms home and acrage. My sister

Customer Question

I inherited half of my moms home and acrage. My sister inherited the other half. My sisters daughter has power of attorney over her. My niece is also exe. Of the will originally i was. My mom had dementia gave my niece power of attorney and she had the will changed. Is this legal? Also i recd a letter from her attorney wanting to know if i want an audit of what monies my niece has paid out and she wants me to pay her out of my inheritance. I am willing to pay half but only half. I think my sisterr should pay the other half. Also my sister, which is fine, my nice and her husband are living on the property. I feel my niece and her husband should be paying me rent on my half. Ive asked them to pay my half of the loan pmts monthly and the property taxes. Could i have the state of calif do an audit on her spending with out it costing me?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: My niece has an attorney and wants to by my part of the property. So i say yes.
JA: Anything else you want the lawyer to know before I connect you?
Customer: What rights do i have?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, if someone with power of attorney changes a will to benefit themselves, that is prohibited self dealing and grounds to invalidate any of the changes. This requires you to go to court to challenge the will and the changes. Any expenses of the estate should be equally divided between the heirs, no one heir should be paying the whole bill. Unfortunately, this is going to cost you as the state of CA will not get involved, it would take you hiring your own probate law attorney to represent you to challenge the will in court. You are right that they should be paying their share as they are half owners of the property and you should be paying the other half and if it is coming out of the estate, then it should be coming out equally from both of your shares, not just one share.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 10 months ago.
What about charging for the rent?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
What do you mean, what about charging them for rent, can you better explain that?