If my mother just passed and had a POA for her health and finances, what are her rights to my mother’s things?
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If my mother just passed and had a POA for her health and finances, what are her rights to my mother’s things?
My sister lived with her for years and had her POA. Since that ended with my mom’s passing, does my sister have any legal rights to her personal property or can she give it away or sell any of it without the permission of the other 5 siblings?
Asked on January 17, 2016 under Estate Planning, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, as you have noted, a POA ends upon the death of the grantor. Therefore, unless you sister was named executor in your mother's Will, or if there is no Will, she was appointed by the probate court as the personal representative of the estate, she has no more rights than you or your siblings. Her living with your mother makes no difference. You are all equal benficiaries.
If no there no Will, then a personal representative needs to be appointed. At this point, you should consult with a probate attorney as to your rights/remedies.
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