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I am a beneficiary of real estate property in an estate by a…

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Hello, I am a...

Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except the house named to me. Since the trustor is now incapacitated and in a living facilty, the POA is going to sell the property. The trustor has millions of dollars so financial ability to support himself is out of the question. Do I have any rights to the proceeds of the sale once the trustor dies since he does not need the money to support himself? Also, the money after the sale will just go to the POA since he is the beneficiary of the whole estate minus the house. If the house is no longer owned, am I out of luck? Thanks

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

FL

Lawyer's Assistant: What documents or supporting evidence do you have?

As far as my being a beneficiary or the POA documents?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have the amendment giving me the house upon death the POA has all the necessary documents

Submitted: 2 months ago.Category: Estate Law
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Answered in 4 minutes by:
11/30/2017
Estate Lawyer: Barrister, Attorney replied 2 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 40,101
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Do I have any rights to the proceeds of the sale once the trustor dies since he does not need the money to support himself?

.

Unfortunately no, if he doesn't own the house when he passes, then you wouldn't receive it. And if he gave a financial POA to someone else, then they would have the legal authority to sell the house, regardless of whether the person needs the money or not, and effectively override the grantor's wishes.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 40,101
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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