by sixsensepatie471 » Thu May 27, 2010 11:28 pm
My mother past away and there are 5 children.My sister has power of attorney.How do I find out if my mother left us all something,I know my sister won't tell us anything.She would keep everything for herself
Posted: Thu May 27, 2010 11:33 pm Post Subject:
Sorry about your loss
My sister has power of attorney
For what? There are a multitude of POA's most are specific. Did your mother have a will? Life insurance policys? Who's names are her home and/or accounts/cars property in?Why would your Mom put someone (presumeably) in charge that wouldn't carry out her wishes?
Posted: Fri May 28, 2010 02:21 am Post Subject:
Why would your Mom put someone (presumeably) in charge that wouldn't carry out her wishes?
Seen it happen many times. Siblings aren't all that close, or perhaps don't get a long all that well, but mom or dad decides to name one (for whatever reason they decided) to be in charge.
Lori is correct in pointing out that just because she has POA doesn't mean she has control over everything, though some people try and set it up this way.
If there is life insurance, and since this is a life insurance forum we're within which we are having this conversation so I'm assuming that's what left something for all of us is means, then the payments will be made to the beneficiaries as the owner of the contract has instructed to the insurance company.
Now, for what might become an unfortunate FYI. If mom had a policy that named only one kid (say your sister) the beneficiary, and then had a Will and the attorney was dumb enough to go along with launguage to the effect of leave x amount from life insurance proceeds to kid 1, kid 2, kid n, it would be highly unlikely anyone can force your sister to distribute the funds as the life insurance policy is not part of the probate process.
Posted: Fri May 28, 2010 04:47 am Post Subject:
There's no way we're going to be able to answer this unless we know exactly what the POA was for. Hopefully it wasn't an irrevocable Durable POA or similar- that gives control over just about everything.
InsTeacher 8)
Posted: Fri May 28, 2010 11:22 am Post Subject:
Hopefully it wasn't an irrevocable Durable POA or similar- that gives control over just about everything
My thoughts exactly, I'm "hoping" it's a medical POA :wink: and other sister either doesn't know the difference or is bluffing.Posted: Sun Jun 06, 2010 09:00 am Post Subject: POA
POA's are only valid when the person is living.
Posted: Tue Jun 08, 2010 04:02 am Post Subject:
POA's are only valid when the person is living.
Ya know, I absolutely stand corrected. For some reason, I blew right by that when I read the OPs post, and it clearly states:
My mother past away and there are 5 children.My sister has power of attorney.
Under common law, POAs dies with the person. So...I wonder if the OP was really meaning "executor" or "administrator" of the deceased' estate?
Hmmmm. Good catch, anonymous1, I completely missed it.
InsTeacher 8)
Posted: Tue Jun 08, 2010 11:33 am Post Subject:
:oops: Me too :oops:
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