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Father passed away, my brother has POA and Mandate

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MarthaCdn

Junior Member
I have been a caregiver for my father for the last 4 years. I was not employed and had been living off my fathers savings while taking care of him. Over the past 4 years, I spent over $200,000 on my father and my family (roughly 50k/yr)

My father had Alzheimer's and I had joint power of attorney along with my brother. When my brother found out there was no money left in the account, he had a lawyer write up a lien on my house in my fathers name for that $200k. I signed it believing that I had done wrong by spending his money to take care of him and my family.

My name has been removed from the POA, and my brother has been named sole mandate. A probate has also been approved by the court and a public currator has been also been involved in attempt to secure the money owed to my father.

Now I have to sell my home to pay back this loan. Problem is i still owe $100k on the 1st mortgage with the bank, the house is only worth $200k and so the lien is in excess of the value of the house.

My father just passed away. he had no debt and his will states that what money he has shall be distributed between his 3 heirs (including myself)

What happens to the lien? Can my brother enforce it? My father never even knew about the lien, and the public curator wants all the money placed back into the account regardless of the fact that my house is not even worth that.. what do I do?
 


Zigner

Senior Member, Non-Attorney
I have been a caregiver for my father for the last 4 years. I was not employed and had been living off my fathers savings while taking care of him. Over the past 4 years, I spent over $200,000 on my father and my family (roughly 50k/yr)

My father had Alzheimer's and I had joint power of attorney along with my brother. When my brother found out there was no money left in the account, he had a lawyer write up a lien on my house in my fathers name for that $200k. I signed it believing that I had done wrong by spending his money to take care of him and my family.

My name has been removed from the POA, and my brother has been named sole mandate. A probate has also been approved by the court and a public currator has been also been involved in attempt to secure the money owed to my father.

Now I have to sell my home to pay back this loan. Problem is i still owe $100k on the 1st mortgage with the bank, the house is only worth $200k and so the lien is in excess of the value of the house.

My father just passed away. he had no debt and his will states that what money he has shall be distributed between his 3 heirs (including myself)

What happens to the lien? Can my brother enforce it? My father never even knew about the lien, and the public curator wants all the money placed back into the account regardless of the fact that my house is not even worth that.. what do I do?
US LAW ONLY

(and, no, that doesn't mean we do Canadian law since it's right next door)
 

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