Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

The three living children agreed to sell moms home to a

The three living children...

The three living children agreed to sell moms home to a grandchild to pay of moms care in assisted living. one sister was given POA by mother and mother agreed to the sell of property. This was done 2 years prior to moms death. after moms death, deceased brothers child are suing for their part of property value. Mom had no will. Can brothers children make moms living child pay them the value of the property?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nc

Lawyer's Assistant: Has anything been filed or reported?

Moms attorney handled all transactions and is the administrator of her estate. Mom nuified all will documents with this lawyer. Her attorney filled all necessary documents.

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

The deceased brothers children do not believe that she had no will and think the POA had no authority to liquidate the property, even though mom told the POA to do this.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 12 minutes by:
1/16/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,665
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

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.

,

What happened to the remaining money from the sale of the house, or was it all used on mother's care?

.

And the one sister had a validly executed POA from mother, correct?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
POA was valid. Money was used for moms care.
Customer reply replied 4 months ago
After mom died, there was approx. $4000.00 reimbursed from assisted living facility and it was sent to moms attorney for her estate to pay bills.
Customer reply replied 4 months ago
Deceased brothers say that the sale of the property as illegal and that the money from it is part of the estate even though it was sold two years prior to moms death for her care, ad as mom directed.

Ok, if all the funds were used to pay for mother's care and were exhausted, then there obviously wouldn't be anything left to divide up among the heirs at law, which would include the living children, and the children of the deceased child.

.

If there was nothing else in her estate... no real estate, stocks, cash, or personal property, then there simply is no estate and while the nieces/nephews are within their rights to try and sue, once it is revealed that all mother's assets were exhausted paying for her care, the judge should dismiss the case.

.

So based on your comments, I don't see these grandchildren as having any legal grounds to recover anything from anyone.... But that doesn't mean that they can't drag everyone into court and force you to defend to prove that there is nothing wrong.

.

And the grandchildren are simply wrong if the property was sold by a child with a valid POA at mother's direction..

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Three sisters will sign affidavits that mom told us what to do with the property because she knew she needed the proceeds from the property for her care. So property sold two years prior to moms death is not part of the estate?

So property sold two years prior to moms death is not part of the estate?

.

Correct, only assets that she owned at her death would go into her estate. And if the funds were used up for her care, she simply used her own assets to pay for her own care and there was no estate left once she passed... Nothing illegal or improper about that..

.

Sounds like the grandchildren thought that there would be some big windfall when grandmother passed...

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Thank you!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,665
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
The brothers children sent letters from a lawyer to the one that had POA, threatening to sue if a check for a given amount ($24600.00) is not sent them by January 18, 2017. Is this extortion?

Nope, just stupidity and complete ignorance of the law... Whether mother had a house or a pile of cash instead, those are her assets to use and spend as she sees fit, or as she directs her POA to spend, and the grandchildren have no legal claim to anything until after she passed if she had no will in place then.

.

So they really haven't done anything at this point except pay an attorney to send a demand letter. To get one to sue, they will have to pay a retainer of probably $5-8K up front to get one to take the case.

.

In all likelihood, they are just blowing smoke and won't do anything further except complain about how the siblings stole their father's share....

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,665
41,665 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

41,665 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Access to bank account after death with POA and name on account
Access to bank account after death with POA and name on account as POA. I withdrew funds to make sure I could pay funeral expences and accessed safe deposit box for insurance policies. What is my lega… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,496 satisfied customers
Brother died, no will, 2 siblings sole heirs, now what. S c.
brother died, no will, 2 siblings sole heirs, now what … read more
Jessica B
Jessica B
Juris Doctor
1,085 satisfied customers
Can a child, who is a legal heir, request to see an
Can a child, who is a legal heir, request to see an accounting of their incapacitated parent's finances from the executor of said parents estate … read more
Jessica B
Jessica B
Juris Doctor
1,085 satisfied customers
My three sisters and I are the heirs of my younger brother
My three sisters and I are the heirs of my younger brother who died suddenly in Findlay, Ohio without leaving a will. He died September 8,2017 and an attorney and administrator having been handling th… read more
Barrister
Barrister
Attorney
41,665 satisfied customers
This is a south Carolina heirs' property question. I
This is a south Carolina heirs' property question. … read more
Jessica B
Jessica B
Juris Doctor
1,085 satisfied customers
Out of the 3 remaining living heirs of the original trust
Out of the 3 remaining living heirs of the original trust (1995).....and they pass away in this order: Daughter:2005;Mother:2/17...Brother:10/17.....and the property I reside is listed under the daugh… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
If a second mortgage is taken out by an heir of the
If a second mortgage is taken out by an heir of the property, without the concent of the other heirs, are the other heirs responsable for the mortag when the first heir dies? … read more
Barrister
Barrister
Attorney
41,665 satisfied customers
In 2013 my parents did estate planning. I was mad POA, sole
In 2013 my parents did estate planning. I was mad POA, sole beneficiary. Their home was set up as Home Trust, banking account set up as Revocable Trust, with myself as trustee. Both parents passed awa… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
What is the difference between a POA and a Durable POA?
What is the difference between a POA and a Durable POA? Also, can you do the Durable POA and a Transfer on Death forms on your own or do they need to be done by an attorney? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My aunt just passed leaving a large estate. My wife had POA
My aunt just passed leaving a large estate. My wife had POA since my aunt had dementia. My wife put the estate in a trust to avoid probate. My wife is trustee of the trust. My aunt's simple will state… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My brother and I are Heir to our father's estate, our sister
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
Illinois If you are an Executor and Heir of a Estate can you
Illinois If you are an Executor and Heir of a Estate can you Pro-Se a Wrongful Death litigation against another party?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
If an heir is unlocatable and unable to sign their warranty
If an heir is unlocatable and unable to sign their warranty deed how can we move forward with filing a title that includes their portion … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I delegated a family member POA to manage a Real Estate in
I delegated a family member POA to manage a Real Estate in 2016. I need to revoke his authority but he will not receive the revocation paper. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am executor of my uncle's estate and the only heir he
Hello! I am executor of my uncle's estate and the only heir he named in his will. He had several cars in his possession at the time of his death. One of the 4 he had in his possession for 6 years, but… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,537 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
Jessica B
Jessica B
Juris Doctor
1,085 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x