We have a will set for my parents and I have POA of my Mom , my Dad has passed away and my Brother had POA over him which didn't make sense but this is how the Attorney setup the will . My question is my Dads last request before he died was to have him removed off the will because he never hardly came to the nursing home to visit him or check in on my Mom at home . But having his name removed has yet to happen due to time and money , but I was told that because I have POA of my Mom that I can do this and shouldn't cost a whole lot of money . We live in Florida and need some advise to take care of this before something happens to my Mom , because she's pushing 86 yrs of age and has also mentioned about wanting him removed off the will too , because the way it's currently written is once they are both gone we have to sell the house and split the money . But my Dads last wish was he wanted the house kept and not sold at all . I need some legal advise of what my next move should be and how to handle this sticky situation I'm currently dealing with right now . Thanks L.A.H. from Florida
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As DPOA, you cannot change your folks will. That would be a breach of your duty as dpoa. If you did, Bro could file for you to be removed as dpoa & for that will to be viewed as invalid and then it's onto litigation in probate.
About inheriting the house, that may or may not happen. Your mom could well need to go into a facility. She could live another decade. You may not be aboe to prvd the cargiving she needs. A lot could happen over time. What happens with house if she moves into a facility? Mom & you as her DPOA need to plan as to what happens if she needs AL or NH.
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If your mother is of sound mind, she can change her will. But you, as a beneficiary, need to stay right out of the whole process: the most you can do is arrange an appointment with her attorney for her, which you do NOT attend. If she needs assistance, for example if she's a bit deaf, or just wants her hand held, it must come from a disinterested person who is there purely to support your mother. If there is even a whiff of a suggestion that you influenced your mother to alter the terms of her will, your brother could challenge the new will and might well be successful in having it declared invalid.
But in any case think this through. Wouldn't your mother benefit more from a reconciliation with her son, than from acting in anger to disinherit him? Shouldn't you be doing your best to mend things between them?
Your brother was POA for his Dad because that is what Dad wanted. The Attorney doesn't choose the person.
Let's say your Mom does finally remove your brother's name from the Will. Let's fast forward a couple of years and your brother has a change of heart and does a lot of caregiving for his Mom. But, because your Mom now has memory issues, she is unable to change the Will back to include your brother.
As for selling the house, unless there is something in writing that the house remains in the family, the heirs can do whatever they wish with the house. Unless Medicaid is involved. Otherwise, if the house isn't a place where any of the heirs want to live, it will stand abandoned because it can't be sold. You and your siblings would be paying real estate taxes, very high homeowner's insurance, paying for yard care, etc.
It is not unusual for people not to want to visit anyone in the hospital or a nursing home. That person feels extremely uncomfortable being around people who are not well or have problems with mobility. My sig other is that way.
I suggest that you and Mom visit with an Elder Law Attorney to have Mom's Power of Attorney, Living Will, and Will [or Trust] updated. Let Mom do all the talking.
If mom goes into a nursing home, the value of the house is totally eaten up. Nobody gets anything.
Quit worrying about who gets what. Take care of mom.