QUESTION

if someone is in the nursing home can family go against the will

Asked on Dec 13th, 2018 on Wills and Probate - Kansas
More details to this question:
there is a house to be sold and split money between kids but now its being used for nursing home bills and dad is still alive
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
A will only has legal effect after it is admitted to probate and then only with regard to the property which passes under the Will.  If the house has been sold, it will not be part of the estate which passes under the Will.   The agent under a Durable Power of Attorney has a duty to preserve the estate plan reflected in the Will only to the extent that that plan does not interfere with the person's need for care.   If the agent is selling the home to pay for nursing home bills, the agent is doing his or her duty.    
Answered on Dec 14th, 2018 at 5:21 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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