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My sister sold my mothers house 2014! She was power of attorney and kept the money! The will said split it with my brother and I! Is this legal

1 Answers. Asked on Jun 14th, 2017 on Elder Law - New Jersey
More details to this question:
Mother had dementia
Answers Showing 1 out of 1
Answered on Jun 16th, 2017 at 6:20 AM

If your sister sold the house and gave the money to herself, she might be in violation of the terms of the power of attorney.  Unless the power of atotrney specifically allows for gifting, the agent operating under the POA cannot gift money to themselves.  You need to look at the POA document and see if it allows gifting.  If your sister sold the house using the POA then the POA is filed along with the deed and can be found online.  

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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