No Will - Basically No Estate

[kidoday]

What is the name of your state (only U.S. law)? Indiana and Michigan.

This is kind of tricky due the state boundaires and the Power of Attorney's involved. I will try to be basic and put things in a time line.

My Aunt signed over Power of Attorney in June 2007 to her brother being primary and her nephew as secondary. The Power of Attorney was signed in Michigan. At that time she had a small amount of money saved in Indiana banks. Due to her health expenses her brother sold the house, and car to liquidate her major assets to help cover medical bills. The sale of the house was in Indiana, the car in Michigan. The small amount of money saved was kept in the financial instituation in Indiana.

Money was spent on non-medical needs from July 2007 - Sept 2007 by the brother, from what I can see, as I can't see all accounted expenses, because I don't believe all bank statements are present.

The brother passed away in September of 2007, then the nephew was then appointed Power of Attorney.

I should also state there is a son involved in all of this, but barely. The son of my Aunt has been incarcerrated for the majority of the time during the above timeline. Hence the Power of Attorney's being designated to other than him.

Now my question. The son claims his mother's estate should be larger than what it is and he should be rewarded back pay for money spent from the estate. He also claims that the life insurance policy that was signed many years ago be appointed to him because he is the only living immediate descendant. What are the chances of having the nephew repay money spent that wasn't under his control? What chances does the son have the right to claim money to the life insurance policy that was signed years prior to the Power of Attorney that didn't designate him at the beneficiary?

Please ask if I have left anything questionable. Due to the state boundaries and timelines it is hard to make things brief.

 

[anteater]

Who are you in this situation?

Money was spent on non-medical needs from July 2007 - Sept 2007 by the brother...

Whose non-medical needs?

The son claims his mother's estate should be larger than what it is and he should be rewarded back pay for money spent from the estate.

Huh? Does this have something to do with the "non-medical needs?" There was no estate until your aunt passed away. If there was some abuse of the Power of Attorney, then the estate's personal representative should be pursuing that. If the alleged abuse was by the deceased brother, good luck.

He also claims that the life insurance policy that was signed many years ago be appointed to him because he is the only living immediate descendant.

He can claim whatever he likes.

 

[kidoday]

Thank you for responding Anteater.

I am the niece. Also the listed beneficiary on the life insurance policy.

Non-medical needs were purchased by the deceased brother in the pretense to prepare a home suitable to bring my Aunt home. IE: building a wheel chair ramp, making a shower accessible for a disabled person. Other items I am not quite sure of. The son believes these expenses were never necessary since the brother never brought my Aunt there to live. But then the brother passed away.

If I am reading correctly, the son can claim the Power of Attorney was abused all he wants, but because the brother has since passed away, the son doesn't really have a case to proceed with.

 

[anteater]

I am the niece. Also the listed beneficiary on the life insurance policy.

I would get the insurance claim to the insurance company as soon as possible. Strike before the son knows what is happening. Don't debate with him. Let him figure out how to contest it with the insurance company. (Not that it appears that he has any grounds to...)

I asked about your involvement because I was trying to figure out how you are mixed up in all this. If you are not the executor of the estate, is there a reason why you are investigating the expenditures?

From what you know and say about the expenditures, it does not appear that there was any wrongdoing under the POA. An agent under a POA gets in trouble by engaging in self-dealing - taking actions that benefit the agent. Not certain why you use the phrase "pretense to prepare." "Pretense" has a bad connotation - like there was some other, more devious reason. The belief that the aunt would return home and the home needed to be made disabled-accessible seems reasonable. That she was not able to do so and conclude the expenditures were "unnecessary" is simply Monday morning quarterbacking.

Still, we all have the inalienable right to bring dubious assertions and claims into the legal system. Let the son do that if he wants. Arguing about it with him is a waste of good air.

 

[kidoday]

There isn't an executor of her estate. There isn't an estate to over see. The money is gone paying for my Aunts medical bills and funeral expense.

I picked up her personal effects from the nursing home and seen a few of the bank statements showing many purchases from Menards and Lowes. While the brother did make improvements to the house to prepare it to be handicap ready, he had also made the statement that his sister would never be brought there to live. I never understood that, but it was a moot point since he passed away 2 months later.

I have filed the claim with the insurance company. I really don't see what grounds he will have to claim the money. But one never knows.

I do not plan on having any further communication with the son. Since he is still living in a half way house, he can't afford to make phone calls, and all written communication is returned to sender.

I just wanted to know where the son stood on his complaints, and if there would be a chance to be sumoned to court by him.

Thank you again for your response.

 

[cyberseek]

Life Insurance

If your name is listed on the Life Insurance policy as one of the beneficaries, then you are one of the beneficiaries. The son can do all kinds of things if he wants to, but once the Insurance company sends you a check, it can be difficult. Not knowing why your brother said "his sister would not be living there anyway", may (and I am projecting here) mean that he may had to do a "spend down" if your aunt had to go into some kind of state medicaid program. Just a thought on that. He would have had to use for your Aunt's purposes only.


The son seems to be going after things he thinks he can, but probably doesn't know much about it. He will have to have money to have a lawyer to do this as well. They "ain't" cheap.