My mother moved a few months ago to another state with family and as soon as she was there, she started falling and became sick. She changed her will once there to make family POA and Executor and both checking accounts were changed to beneficiary (family she was with). She became on hospice and the family bought a house with the money from her checking since they were POA and week later my mother passed. Is this legal? She wanted to live with them in a new house but they knew she would not make it to the house but they bought it anyway pretty much all of her money (a very large amount) and now they are stalling to discuss money with me and I took care of her for years before she moved in with them. They keep saying she wanted them to have the house. Do I have a good case? It is complicated but I have documenation for everything. It has broke my heart in two.
The Executor needs to go by the last Will drawn up. Since there seems to be a house maybe in her name, Executor should probate the estate. When Executor probates, the Will is filed and becomes public. Executor informs all beneficiaries that the Will is now in Probate. A copy should be sent along with the letter. If not, you should be able to request it. The Executor has to follow the Will. He/she must make sure all debts are paid. If there is no stipulation in the Will or a codicil to the Will saying that Mom left the house to this family member, the house gets sold and the money split among the beneficiaries.
Lets say that you are a beneficiary plus these family members. There is no stipulation that they inherit the house. So it becomes part of Moms estate with you and these family members inheriting. You can allow them to keep the house but...you want them to pay you your half of the Market Value. If they can't do that, then the house gets sold.
You first need to see what the Will says and go from there. Was Mom competent to make informed decisions at time of new Will? If she had been diagnosed with Dementia before the new Will, you may be able to claim incompetence on her part so the new Will does not stand.
I would also wonder if the POA was Immediate or Springing. Immediate meaning as soon as Mom signed the paperwork the POA could take over. Springing, POA needed a doctor saying he/she needed a doctor or two to say Mom was incompetent to be able to take over. The POA has to say that he/she had the right to buy and sell in Moms name.
I would say Mom was coerced by in making changes in her Will and making family member POA because she was told she would be living there with them. I would also question the buying of a house when she was on Hospice. You could have her hospice records requested by a lawyer to see if she was on any Meds that would make her not in her right mind to make decisions in terms of buying this house. Really, woman is dying and the POA buys a house in her name that they end up living in? Sounds like fraud to me but...do you have the time and the money to pursue this.
She sold her home and put the money in her account. Her will was 50/50 until she moved out of state, then it changed to me hardly getting anything and the house was bought a few weeks before her death (she was on Hospice) before her death so I figure it can't be included in the estate.
I truly appreciate any advice and someone telling me this is all wrong and I'm not crazy. Thank you.
Be as mentally prepared to hear that this is all legal and aboveboard but HOPE that you can see your inheritance in the end.
It does sound really fishy, but you on your own will not be able to handle this should it go before a judge.
Sadly, if this was all done legally---you may be out of luck. The law does not have emotions and feelings, it operates on what's correct in the eyes of the law, not the people who are angry, or feel cheated.
My son's an attorney and I have been amazed at how he deals with clients. He's a nice guy, but once he puts on his 'lawyer hat'--wow, he's kinda scary. The advice he gives me from time to time is often NOT what I want to hear, but what is already established.
Good Luck.
The easy answer on the executor is that if Mom was legally competent to make a POA and an executor then that is perfectly legal. The POA holds while Mom is still living, and while she is mentally capable and competent she can direct her POA to do anything she wants done about sales. However, the money from the sale should have gone into MOM'S accounts imho. It was her home, her money. If it was a gift it should have been legally done and carefully so that another beneficiary doesn't come along, as you are now, to contest the will, the sale and etc. The beneficiaries on the accounts, the POD or TOD accounts listing them, will get those accounts at once. Appparently your Mom had an agreement with your siblings that in return for their care for her lifetime, this would be the case. That was fine, if that was her choice.
If you want representation, go to a Trust and Estate Attorney to follow the distribution and filing of this will, and to check on the home sale and etc, and to answer all your questions.
You have no case at all. There are a lot of "ifs" in there, though. What do you have documentation for? And why did your mother choose to leave your care and move in with these other family members?
As others have suggested, you need legal counsel for this. All of the relevant documents come into play, and w/o them, we could only surmise what the options might be.
You also should choose legal counsel with experience in litigation of contested estates. There are enough issues which require more detail than an average elder law attorney might normally handle.