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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.

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Answered in 12 minutes by:
1/16/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,086
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?

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

.

.

thanks

Barrister

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Customer reply replied 7 months ago
POA was valid. Money was used for moms care.
Customer reply replied 7 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 7 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.

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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.

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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

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Customer reply replied 7 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?

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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...

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thanks

Barrister

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Customer reply replied 7 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: 43,086
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 7 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.

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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.

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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....

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