Family is broken apart by POA in MASS.

[psdumas@comcast]

What is the name of your state?
Hi, this is Patricia Dumas, Massachusetts.

To be to the point, this is the problem.

My husband and I ran his family cottages in North Truro.. on Cape Cod for 6 years after his mother had a stroke. I came to the aid of the family on this-- leaving my high school children behind in early summer to take over the daily routine of running cottages on the beach for tourists.

Last year, out of the blue, we get a letter from the family lawyer that we are no longer needed up in Cape Cod.

My husband's sister (he's the oldest) has power of attorney for their mother who is in good shape at an assisted living facility.

We never heard from them privately or in a family-like way.. we were explained nothing at all personally by the family.. only through the lawyer.

There have been a few "lifestyle" problems, and differences of opinion over the years running the resort, but nothing serious until we were suprised by this family "firing"

My husband is part of a 3 person trust in the Cape Cod property. They (I assume) cannot sell, re-finance, etc.. without my husband's signature.

The place was given over to an outside "property manager" to run-- he and his wife have taken over the family house where I lived, and have done as they pleased.

What I'd like to know is this. We are considering hiring a lawyer, but, before I do that, I wouild like to know if we have a chance in all "hell" to get any satisfaction over this.

Ultimately, all I want is the chance to go back and earn my living there as I did for 6 years. Before we were unceremoniously "let go" in Cape Cod, my husband was laid off from his job of 17 years-- and his sisters knew this. But, they still went ahead with the plans to remove him, as well as me from the running of the cottage resort.

My husband has 2 sisters-- of which one is the Power of Attorney, and the other just goes along.. they both have had access to the Cape Cod property to enjoy as they please as they always have throughout their life. I want to know why they could so easily kick out my husband and myself. They changed the locks on the main house (and never gave us a key-- although one was requested numerous times).

I am frought with despair over this.. especially for my husband who has had a terrible year in looking for work at 55 years of age-- seemingly in the face of a sister who exerts her POA willy nilly.

Why would a lawyer agree to help one part of the family in this while estranging, and causing ill will with the other part of the family? We haven never done anything illegal or untrustworthy for the family business.. and now, it seems that it has gone all "asunder"-- just because 2 in the family ganged up on one.

Any advice, help, or encouragement would be very sincerely appreciated.

Sincerely,

Patricia Dumas

 

[seniorjudge]

What is the name of your state?
Hi, this is Patricia Dumas, Massachusetts.

To be to the point, this is the problem.

My husband and I ran his family cottages in North Truro.. on Cape Cod for 6 years after his mother had a stroke. I came to the aid of the family on this-- leaving my high school children behind in early summer to take over the daily routine of running cottages on the beach for tourists.

Last year, out of the blue, we get a letter from the family lawyer that we are no longer needed up in Cape Cod.

My husband's sister (he's the oldest) has power of attorney for their mother who is in good shape at an assisted living facility.

We never heard from them privately or in a family-like way.. we were explained nothing at all personally by the family.. only through the lawyer.

There have been a few "lifestyle" problems, and differences of opinion over the years running the resort, but nothing serious until we were suprised by this family "firing"

My husband is part of a 3 person trust in the Cape Cod property. They (I assume) cannot sell, re-finance, etc.. without my husband's signature.

The place was given over to an outside "property manager" to run-- he and his wife have taken over the family house where I lived, and have done as they pleased.

What I'd like to know is this. We are considering hiring a lawyer, but, before I do that, I wouild like to know if we have a chance in all "hell" to get any satisfaction over this.

Ultimately, all I want is the chance to go back and earn my living there as I did for 6 years. Before we were unceremoniously "let go" in Cape Cod, my husband was laid off from his job of 17 years-- and his sisters knew this. But, they still went ahead with the plans to remove him, as well as me from the running of the cottage resort.

My husband has 2 sisters-- of which one is the Power of Attorney, and the other just goes along.. they both have had access to the Cape Cod property to enjoy as they please as they always have throughout their life. I want to know why they could so easily kick out my husband and myself. They changed the locks on the main house (and never gave us a key-- although one was requested numerous times).

I am frought with despair over this.. especially for my husband who has had a terrible year in looking for work at 55 years of age-- seemingly in the face of a sister who exerts her POA willy nilly.

Why would a lawyer agree to help one part of the family in this while estranging, and causing ill will with the other part of the family? We haven never done anything illegal or untrustworthy for the family business.. and now, it seems that it has gone all "asunder"-- just because 2 in the family ganged up on one.

Any advice, help, or encouragement would be very sincerely appreciated.

Sincerely,

Patricia Dumas

Ms. Dumas, you must hire your own lawyer to protect your own interests if you think that there has been a violation of some written agreement or other violation of some contract.

 

[psdumas@comcast]

thanks, seniorJ

Thanks,

I know I have to.. BUT. without asking for specific legal advice here, I'd still like to know if there is a chance to challenge the POA while my mother in law is still alive?

Isn't it awful? The way things go, people are bound to almost wish their elders were gone and buried....!!

I'm not like this at all... but, what chance in all hell do I have of challenging ANYTHING to do with POA?

Thanks so much, senior... Pat

 

[BlondiePB]

Thanks,

I know I have to.. BUT. without asking for specific legal advice here, I'd still like to know if there is a chance to challenge the POA while my mother in law is still alive?

Isn't it awful? The way things go, people are bound to almost wish their elders were gone and buried....!!

I'm not like this at all... but, what chance in all hell do I have of challenging ANYTHING to do with POA?

Thanks so much, senior... Pat

If this mess is about the property "in-trust", then who is/are the trustee(s). You may be looking at pursuing the wrong issue here. Is the trust a living revocable one with your MIL as the settlor still owning the property?

As long as MIL is competent, she is the one who decides who is/are trustee(s) of the trust (if revocable), and who is the POA. The documents (trust & POA) state what the fiduciary can do.

 

[psdumas@comcast]

thanks, Blondie..

The trust is irrevocable-- my MIL, while she's alive has 50% of the Cape Cod interests, and the rest is in trust-- equally-- between my husband, and his two sisters-- one of which is POA..

So... therein lies the problem.. wondering if my husband has any rights at all to challenge being told to "leave" the running of the cottages--...How much power does a POA have anyway?? Mother in law is still with it.. but, lets her affairs be run by her daughter the
POA...

So.. We are just looking for any rights we may have to get back and run the cottages like we once did.

Can the POA call ALL the shots?

thanks again...

Pat

 

[BlondiePB]

thanks, Blondie..

The trust is irrevocable-- my MIL, while she's alive has 50% of the Cape Cod interests, and the rest is in trust-- equally-- between my husband, and his two sisters-- one of which is POA..

So... therein lies the problem.. wondering if my husband has any rights at all to challenge being told to "leave" the running of the cottages--...How much power does a POA have anyway?? Mother in law is still with it.. but, lets her affairs be run by her daughter the
POA...

So.. We are just looking for any rights we may have to get back and run the cottages like we once did.

Can the POA call ALL the shots?


thanks again...

Pat

You did not answer all the questions. We who answer posters don't like to do extractions as most of us, including myself, don't have a dentist's license.

Now, answer these two questions:

1) Who is the trustee?

2) Is the POA of the trust?

 

[psdumas@comcast]

Hey, no need to be sarcastic. I admit I don't know anything, and that's why I'm asking. Regular folks post basic legal questions here because in fact we "don't" know anything. And, with due respect you do. That's why we come here.

Sister in law is power of attorney, and the irrevocable trust is run by my MIL's lawyer who lives in Cape Cod. MY MIL still owns the property until she dies. The 3 siblings of the family are equal "trustees" of the trust. But, MIL owns the property obviously-- until she is no longer here. She owns 50 percent of the property, and the trust(which is the 3 siblings, owns 1/3 each of the other 50. And... all things to do with the Cape Cod property have to be signed equally by the 3 siblings.

I know I need to hire an attorney, but, I'm just looking for a little basic "guidance" here. If you'd rather not answer.. and my extraction is going to be a root canal, that's ok too..

thanks for all your help..

Pat

 

[BlondiePB]

The 3 siblings of the family are equal "trustees" of the trust.

Thank you. Since the house is in trust and your husband is an equal trustee, you need a trust attorney. This is a trust issue and requires a good trust attorney. It is rare to have a POA "of the trust" which is different than a Durable POA. For a POA to be of the trust in your situation, all the trustees would have to sign the POA document.

thanks for all your help..

You are welcome. The dentist's office is now closed.

 

[psdumas@comcast]

thanks, Blondie...

The trust is not run by a POA.. and therein lies the problem.. there is just ONE POA and it's my sister in law..who runs my mother in laws affairs as she sees fit. Since MIL has 50 % of Cape Cod, she is in control.. and therein lies the reason we need to hire an attorney..I think...

.the POA controls everything basically cause MIL is still with us. And there is the "rub"

I am convinced that (I hope) my husband and need to get things rolling with a family trust lawyer.. I just wanted to know basically if there is some hope of us getting at least use of property we have an interest in.. and not being kicked out.

thanks a lot, Blondie... you've been helpful....

pat

 

[BlondiePB]

The trust is not run by a POA.. and therein lies the problem..

there is just ONE POA and it's my sister in law..who runs my mother in laws affairs as she sees fit. Since MIL has 50 % of Cape Cod, she is in control.. and therein lies the reason we need to hire an attorney..I think...

Correct. The POA can tend to MIL's affairs that are not in trust.

I am convinced that (I hope) my husband and need to get things rolling with a family trust lawyer.. I just wanted to know basically if there is some hope of us getting at least use of property we have an interest in.. and not being kicked out.

Being kicked out is an unknown factor and a matter of the trust & trustees NOT the POA.

thanks a lot, Blondie... you've been helpful....

pat

You are very welcome. Good luck!