My brother had POA while dad lived with me for 18 months. Dad gave me power over his accounts while still living. Does brother have any legal recourse against me?
Dad insisted in helping me with bills. I was 100% beneficiary on life insurance. Dad, while he was still living, cashed out policy and helped me with the down payment on new house. Does brother have any legal recourse against me?
Just responding to the specific question asked: if your father is/was competent at the time he surrendered the insurance policy and gave the proceeds to you, there shouldn't be an issue. It doesn't matter if he executed a POA - he's still allowed to make his own decisions if competent/has capacity.
If your father was not competent to make the decision to surrender the insurance policy and to gift the money to you, you may have a problem and the POA may have legal recourse.
If you could provide more information as to the situation at the time the policy was surrendered, more helpful answers may be forthcoming.
So, Dad basically gave you moniesu while he was alive. These monies should have been paying for his care (which, if you were providing it, should have been paid for by dad, along with room and board).
2 Answers
Helpful Newest
First Oldest
First
If your father was not competent to make the decision to surrender the insurance policy and to gift the money to you, you may have a problem and the POA may have legal recourse.
If you could provide more information as to the situation at the time the policy was surrendered, more helpful answers may be forthcoming.
Who is the executor of the will?
So, Dad basically gave you moniesu while he was alive. These monies should have been paying for his care (which, if you were providing it, should have been paid for by dad, along with room and board).
Is brother upset that dad gifted you money?
Was Medicaid involved in paying for dad's care?
ADVERTISEMENT