DPOA For Financial Matters

[CarolS]

What is the name of your state?MIssouri

My older brother (never married) is currently very ill and hospitalized. I am his DPOA for financial and health care matters, unfortunatley he does not have a will or trust. Some of his investments/stocks etc have our 85 year old mother who is currently living in a nursing home as a joint account holder. He has real estate which is only listed in his name(no mortgage). His wishes are that his estate be divided between myself and another living brother. I did speak to an attorney that would come to the hospital and help with his will/trust, but he become to ill and at times to heavily medicated to communicate. My question is, while he is still alive, what else should I be doing to honor his estate wishes. Also, I understand if he dies without a will/trust then his estate would go through probate, does that include everything in his estate or just the holdings that he is only listed on with no beneficiary or joint account holder?

Thank You,
Carol

 

[BelizeBreeze]

What is the name of your state?MIssouri

My older brother (never married) is currently very ill and hospitalized. I am his DPOA for financial and health care matters, unfortunatley he does not have a will or trust. Some of his investments/stocks etc have our 85 year old mother who is currently living in a nursing home as a joint account holder. He has real estate which is only listed in his name(no mortgage). His wishes are that his estate be divided between myself and another living brother. I did speak to an attorney that would come to the hospital and help with his will/trust, but he become to ill and at times to heavily medicated to communicate. My question is, while he is still alive, what else should I be doing to honor his estate wishes. Also, I understand if he dies without a will/trust then his estate would go through probate, does that include everything in his estate or just the holdings that he is only listed on with no beneficiary or joint account holder?

Thank You,
Carol

Only non-beneficiary or non-jointly held property (Joint with rights of survivorship) would be required to be probated. However, at this point, the ONLY thing you can do is hope he has a lucid enough moment to state his wishes for a will.

Although you have POA, your changing anything regarding his assets at this late stage can be viewed as fiscal mismanagement and could result in lengthy legal battles.

 

[seniorjudge]

Only non-beneficiary or non-jointly held property (Joint with rights of survivorship) would be required to be probated. However, at this point, the ONLY thing you can do is hope he has a lucid enough moment to state his wishes for a will.

Although you have POA, your changing anything regarding his assets at this late stage can be viewed as fiscal mismanagement and could result in lengthy legal battles.

Also, deathbed wills are not looked upon with favor in Missouri.