My sister gifted my mother's house to herself through a durable power of attorney she got from my mother.

Question

My sister gifted my mother's house to herself through her power of attorney she the remodeled the house to the tune of $22,000.00 and gifted it to my brother and then he gave it to his wife,I am making them put it back in mother's name. My question is can she recoup the $22,000.00 from my mother's estate after her death.She had no authority through a specific grant with her poa to gift anything of my mother's

dmwillis · Accepted Answer

You can gift $10,000 per child,tax free,each year,however the money is then added to thier income for the year.If she remodeled and then gifted it to your brother,the $22,000 went right along with it.It sound like they are playing musical estate.Bad idea to do this.She is going to screw herself if she is not careful.Is she also the executor of her will? Does she have a will and it would be easier for her to do a TOD (transfere on Death) Alot depends on what her assets are and what her wishes are.Is thePOA notorized?

NancyH · Answer

Why did she do it?  Was she just being greedy or was she thinking that your mom needed less assets in order to get Medicare or some other help?

My sister gifted my mother's house to herself through a durable power of attorney she got from my mother.

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