If my dad left a twenty acre farm to me and left my sister POA and my mom dies what can I do to have equal part?

Question

My dad passed in 2009, at that time he left our 20 acre horse farm with my mom. After she passes he left my sister the 20 acre farm. My mom is still living but will not do anything as she is confused what to do and doesn't want to spend expenses. What can I do to have it equally distributed between all three sisters?

Erven Nelson · Answer

You need a good real estate/estate planning lawyer to help you sort this out.  You mother probably needs to revoke the POA and prepare a trust to handle everything.  Otherwise, your sister might take all of the assets.

David Leon · Answer

Mom should execute a will. Also, be sure that dad properly transferred his share to her.

Loren Lambert · Answer

It's hard to tell based on what you've indicated but it appears that your mother is the owner of the property and it is her decision as to what happens to 20 acre farm. Nevertheless, given the possibly large value of the farm, it is foolish not to get all the paperwork and go in and talk to an attorney.

Dara J. Goldsmith · Answer

You need to consult with counsel who can review the title and Wills. Without that anyone is just guessing about the status.  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Jayne Sebby · Answer

You will need to petition a court to allow you to terminate your mother?s life estate in the property and your sister?s sole claim thereafter.  You mother will need to relinquish any claim she may have to the property by virtual of being a surviving spouse and your sister must relinquish her claim to an undivided 2/3rds of the property.  You and your other sister will be next in line to inherit you?re sister?s relinquished property.

Lana Rich · Answer

Your father's estate planning documents would need to be reviewed: If he gave your mother a life interest in his share of the community property, and upon passing of your mother, that half (the father's half) will go to only one sister, there is not much you can do about that.  If the farm was his separate estate, again, the outcome could be the same, as your father is free to leave his estate to whomever he wishes (unless, of course, one were to contest his will and claim undue influence or lack of mental capacity or any other reasons why his will should not be accepted as valid).  In general, a person is free to leave his property to whomever, regardless of the fact that some children could be disinherited as a result.  This is a very general comment, however.  Your particular situation depends on property ownership and the estate plan in place.

Sanford M. Martin · Answer

Any POA of your father has no effect after he dies. Your question suggests that your father left the farm to your mother and sister; did he leave your mother only a life estate? If he left it only to your mom, then her will should determine who receives it. If he only left the farm in her care, she likely has a legal right to own the farm, being married to your father. Her mental soundness may complicate the situation. A probate court could resolve the matter but it would require time and expense. The facts of the situation regarding present ownership of the farm and the existence of last wills, as stated, are confusing. You may consult with an attorney, and analyze the wills, deeds, etc. The last will of your father and, if it exists, of your mother, are the important documents. Property is distributed as expressed in the will of the owner; if there is no will, then laws of intestacy control who receives the property, requiring probate. If you father left the farm to your mother and sister as joint tenants with right of survivorship, the passing of your mother will result in the farm being owned by your sister. So, an analysis of present ownership and any wills is necessary.

Jeffrey Cogan · Answer

If you are correct that your dad wanted your sister to have it, then the only thing that you can really do is try to get your mom to give it the three sisters equally. Your mom may have only a life estate, meaning she gets to live there for the rest of her life but does not own the property. She may also have a community property interest, separate from what she got in your dad's will. You wrote that your dad left your sister a POA. I would need to know if it was a Power of Attorney or Power of Appointment. They are two different things with different laws.

Norman Green · Answer

Your question is unclear. Does it go to you or to your sister? Take all your paperwork and consult a lawyer.

James Frederick · Answer

Your question is not clear. Your dad's documents appear to be irrelevant, at this time, because he died. If your mom is now the owner of the property, she is free to do whatever she wishes to do with it. It sounds like she has already set things up, as well. You cannot change anything. Your mom can change things, if she is willing to do so and has mental capacity. She should do this through a lawyer to make sure her intent is honored

Christine James · Answer

If your dad left it to you in a will or trust the named executor needs to file for probate or the trustee needs to distribute it.  If the named executor does not admit the will to probate, you can file your own petition, but likely the executor would then come forward and file their own.  Speak with a local attorney regarding strategy to help get the property transferred to you.

Kathleen Delacy · Answer

The first part says he left it to you and your sister but the detail says he left just to your sister. If he has died there is not much you can do to change that unless you all agree to split it.

Mark T. Peters · Answer

The only thing that can be done is to have mom fill out a will leaving it to all three.  However, if your sister has title to the farm, there is nothing you can do.  I suppose if the title is in your mother's name and she has no will, the property would be given to all three sisters equally, which would probably require a sale of the farm so that there are no disputes about running the farm.

Edward Armstrong · Answer

Was your dad's will probated?  How did your mother get the life estate?  If your father willed the horse farm to the one sister there isn't much your mother could do at this point to change that.  She has a life estate and that is all she could dispose of.  The POA that your sister has  - did your father give her this?  If that is where she obtained the power, it is no longer good since the authority granted by a power of attorney expires on the death of the person who granted it.  I suggest you retain counsel.

Gerald Bagazinski · Answer

Your question states he left the farm to you and in the next sentence it says he left the farm to his wife. Are these 2 different farms? Was she left the horse farm or a life estate? How is (are) the farms titled? What is the language that created the interest? You should see an attorney.

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If my dad left a twenty acre farm to me and left my sister POA and my mom dies what can I do to have equal part?

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