Tuesday, July 1, 2014

Terms of a willMy brother was power of attorney for my mother before she died, I am trustee for the estate. The lawyer who we hired worked ...

Question

Terms of a will

My brother was power of attorney for my mother before she died, I am trustee for the estate. The lawyer who we hired worked closely with my brother before my mother died. Now when I try to get answers to questions, he seems to defer to my brother who no longer has any control. My brother bought mineral rights to the property while he had power of attorney, was that legal? Now we have a buyer for the property, & he wants an outrageous amount for the mineral rights. He also damaged the property when he moved, he lived there until last October when I requested he pay rent to cover taxes & insurance.

Will the check for the property be made out to me since I am the trustee & will I be the one to pay the expenses from that check. The lawyer doesn't seem to want to give me a straight answer about it.



Answer

Re: Terms of a will

POA's expire at death. Are you Trustee of a trust or the Personal Representative of your mother's estate as appointed by the Court? Either way, you choose your estate attorney to help you. You do not have to continue with this attorney if you are unhappy. Call me or e-mail me and I can give you a lot more details.

Marco Chayet



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