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Willed property sold before death. Is beneficiary entitled to anything?
Anonymous3 views3 answers
My brother the POA is going to sell the property that was willed to me for the healthcare expenses of my parents. Is there anything built in to the will that I would get an equivalent amount from the estate after they pass away? They have several properties. POA brother is also executor of the will and will look for any loophole to keep from giving anything to me and my children.
A valid POA authorizes business to be conducted by the POA up until the time of your parent's death. It would appear there is dire need for the sale to pay for healthcare, which, is common. Why? Because most people want to use their assets to pay for necessary things like healthcare rather than leave large debts and unpaid obligations or worse, forego the use of needed medical help that can extend your parent's life.
This does not appear to be a loophole. Instead, this may be exactly what your parents, that prepared the POA, desire.
While I agree with the other answers, this situation seems to present your brother with an opportunity for self-dealing, and that would not be appropriate. If for example, there is a property for each sibling and he sells off all of the other properties before he sells the one meant for HIM, I believe a court would have a real problem with this. You probably need to have an attorney review this situation to determine how best to proceed.
James Frederick
