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goldensmom730 · Joined: 10 Jul 2011 Posts: 1 1.34 Dollars($)

I have POA for my husband who is 100% disabled, but somewhat functional. Can I use the POA to take his name off of Deed leaving my name only? My sister lives with us and pays 50% of mortgage and all utilities. I would then like to create a Trust leaving her my share of the home on the condition she continues to care for my husband. I have been diagnosed with cancer and just want to be sure if I predecease my husband, that his family who has not helped us one bit, will be entitled to anything and leave my sister out in the cold. Without her financial assistance, we would have lost this home already.

gmakerley · Posted: Sun Jul 10, 2011 6:23 pm Post subject:

Tough choices, tough talk too. I don't think too many courts (if they were to get involved in any way - such as if his children began to wonder where his ownership interest went) would be pleased to know that you chose as his POA to have his name taken off title to the home. I don't think you're being selfish (completely), but you're not looking to the ultimate benefit of the man's estate, in my opinion.

Please don't take me wrong - I can understand how you'd like to reward your sister, but is this truly what he would have in mind? Is he the sort of father who'd disown his children and vindictively eliminate them from consideration in his estate?

Obviously, you can answer that question far more easily than I can based on my opinions, but be aware that his children might just begin to wonder and cause some court actions. If I were them, I'd lean that way anyway.

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