Who owns it?

A father did Will leaving farmland to son; the mother had Alzheimer’s and the Will stated that money in bank account to look after her. The mother doesn’t have a Will. the father died first. Does the son get the land in his Father’s Will or can the mother’s power of attorney sell the land as the mother’s assets when she dies?

Asked on March 28, 2018 under Estate Planning, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Ok so this is a little more complicated than you think but easily sorted through.  It may be a good idea, though, to speak with someone in person about the particulars and bring the Will.  First, do Mom and Dad own the property together?  If yes, with rights of survivorship?  And did Dad pass away first?  Then Dad's half may have passed to Mom "outside the Will" to Mom directly and may not be his to give you. Please speak with someone directly.  The POA has no power to act when Mom passes.  It dies with her.  Some one needs to be appointed as the Personal Represntative of her estate.  Good luck.

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