QUESTION

My mother has a retirment pension that she never collected. All siblings are listed as heirs. Can Power of Attorney give all money to one sibling?

Asked on Jul 03rd, 2012 on Wills and Probate - Tennessee
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Does one sibling have the legal right to all of our mother''s assets? The property in question is in Arkansas. Does Power of Attorney give all assets to one sibling? Can my mother''s Will be changed by anyone?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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If your mother has died, the person with her Power of Attorney has no authority to do anything at all about anything. A Power of Attorney is only in force for a living person. If your mother is alive, the Power of Attorney gives only the rights the document specifies to the person it names as the “attorney in fact” or “agent”. The power is good as long as your mother is competent, unless it is a Durable Power of Attorney which continues if she becomes incompetent. Even if the Power of Attorney specifies the “agent” has full rights to handle all financial transactions, the agent may not give the money to whomever he or she decides unless the power of attorney specifies this. I have never seen one that does that.  However, a retirement account would be distributed to whomever is named as its beneficiary(ies) and only after your mother is dead. Your mother is the only person who can change her Will. If she is not competent to do so, her estate planning may need to be handled on her behalf by a court appointed guardian or conservator. Whether your mother is living or deceased, hire a an estate lawyer who only practices estate law. You should also consult an estate lawyer about your own estate plan to prevent problems like this for your own heirs. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Aug 02nd, 2012 at 11:25 AM

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