POA and Changing the Will

My husband's grandfather made a will and left us his house in his will. His daughter's husband is the POA and they want to sell the house to pay for assisted living even thought he has money without selling the house. What are my husband's rights as far as inheriting the house?


Can we contest them selling the house out from under us?

By A

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March 11, 20150 found this helpful

You will need to consult a lawyer, but it seems straight forward that
the house was left to you. She has no right to it at all. If, however the state wanted to, it might place a lien against it prior to you receiving it. Is it for you to have now, or to have after death? Get a lawyer.

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March 12, 20150 found this helpful

Yes, get a lawyer now or you will soon find yourselves without the house!

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March 13, 20150 found this helpful

You really need an attorney ASAP as once things are done it is very difficult to "undo".

What type of POA does the son-in-law have?
If the POA includes financial affairs then he has a lot of power as a will may not be valid until the death of the person.


Why was the son-in-law given the POA?

Moving into assisted living usually requires a full accounting of all assets so naturally, an institution would wish to have cash before other assets but they may not allow a home to be sold unless there is a large "cash" flow as assisted living usually means some type of care and "expected" care.

Institutions of this sort usually go "back" 5 years to see if anyone disposed of assets in anticipation of putting someone in a "home".

You should seek legal help as there is probably a lot you do not know about this whole situation.

But - think about this also - how does your husband feel about fighting this? This sort of thing may tear a family apart and change things forever.

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March 14, 20150 found this helpful

I agree that you should consult a lawyer, but I expect that there is nothing you can do. I take it you are already living in the house. However, obviously your husband's grandfather isn't dead, and so his will has not taken affect. Is your husband's grandfather still able to make some decisions on his own, or is he totally incapacitated by dementia or ill health?


Perhaps it is time to sit down with all parties concerned - grandfather, step-father or step-uncle who has the POA, grandson, mom, you, etc. - and see what can be accomplished by discussion.

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