I am executor of my brother's estate, who for the last six years before his death, had assigned his eldest daughter POA over the family home and two rental properties and the management of payments to for all his assisted living and all other financial affairs. Before anyone knew she had squandered all his savings and the proceeds from the sale of two of his rental properties on her gambling addiction and now she has moved into the family residence which was left to two siblings in the will. The siblings are in desperate need of money and want to sell the family house which is now owned by them exclusively (left to them in the will) but the errant ex POA daughter will not move out and the courts are not performing evictions due to covid etc. The siblings cannot obtain access to prepare the house to sell and are having to borrow money to pay the property taxes etc.
The extended family has decided against filing charges of elder abuse as they don't want to see her go to jail even though everyone is highly incensesd.
The errant ex POA daughter has no apparent income or means of support and will likely become homeless as no one in the family will now take her in.
What suggestions or advice can I give to the siblings ?
I have been accused of things that my family thinks is true And have nothing to do with me. There are one cousin on each side of family still in touch with me. So I understand that things are not always what they seem. I take it that the PO kept no records or receipts therefore no proof that she stole the money but may hVve been doing the biding of parent whom had lost touch with the money. She is family forgive And love her. Don't trust. Her Gain I me. It is good to use common sense. She needs love Nx support for she lost a pArent just as you siblings . Common sense , love, support gods aong way.
if she brakes in call the Police.
Or
Send a Certified letter to the daughter that she has 30 days to Move Out and if she hasn't, File an Eviction as she is not a Tenant and doesn't have a Lease..
I am a Landlord and if my Tenant's Lease is up, you can evict them as you don't have to renew a lease and you can tell them it's being renovated to be sold.
Also, you are not asking for Rent, you are only asking for Possession of the home.
In Missouri City Texas it only cost $126 and you can pick up the papers to fill out at the Court House in the area by the home.
The Judge will give you the Judgement.
also let her know that ya'll will Turn Her In for misuse of handling her fathers money if she isn't out of the house within 30 days.
If she has Insurance, she should check herself into a place for mental help.
Like others have said, you have to treat her basically like a squatter and force her removal. To prevent her from squandering all the parents stuff away, gambling, drugs, whatever doesn't matter, something had to have been done while they were still alive. Unless, there are documents, POA, etc. that she literally forged and lied on.
Do not let this consume your life but by all means, protect the next victim. If nothing else, there will be a record of this persons actions.
Since everyone has already decided to write off the money that's gone, throw a little more money at it and pay her cash to move out. Get a lawyer to do the paperwork right and throw in an agreement not to pursue an accounting for the alleged missing funds, since it looks like you can't anyway.
Say goodbye, wish her well and limit future contact. Don't forget to have everyone check their own paperwork to make sure she isn't anyone's beneficiary or agent for anything.
If she's an addict she will want the cash.
Hopefully some social program will help her with housing.
Has the title already been transferred to the heirs or not?
What happened is The POA took care of things while he was alive and now the children has the right to go after what is legally left in his estate.
The only thing they need to do is get a lawyer to see if he signed everything over to her before his death, once he see's a legal way out of this as a benefit for the kids can he be paid after the fact.
If the kids were there in the begining how did this happened?
If they are minors or in college they still have benefits or that age group. If he was a Veteran they still have benefits. If he had Insurance they still have benefits unless that was changed with his knowledge.
benefits.gov (Here you will find some benefits they can utilize)
So it's worth it for the kids who was there or not there to check out their benefits that they may have if he had a pension of some kind that will go to the next of kin even a exwife who can get his social security if they were married for sometime. If anyone is disabled. Check it out. Sale the property while she's in it, call the courts there and see what rights the kids have...Don't worry about the house Taxes at this time, see how far behind he is, in paying them if it up to date don't worry, because once you sale the home that will take care of that. Find the deed and have that available for the sale.
If the furniture is his, take pictures and put them on line for sale.
"I'm just saying"
On the other hand, if it was me, I would probate the will and establish ownership -- then take possession while she was gone. Break the locks, enter the house; Change the locks; pack up all her possessions; and put them in the garage for her to pick up at an established time; . Just besure there is no way back into the house from the garage. Give her notice that she is not be on the property (including the yard) and report her as a trespasser (By the way NOT LEGAL ADVICE)
bleeding hearts will always say keep supporting theives that abuse what authority they have been given. It’s sinful 😢😭🙏
This daughter has, for all practical purposes, dug her own hole. Start with talking to a good attorney to find out what you can and cannot do. Then realize, that you cannot change her. Doing what is necessary, for the rest of the family, is what has to be.
Like it or not you must start with an attorney and that will most likely mean filling a police report. Right now you are all enabling her behavior, by doing nothing.
I know this sounds really harsh, but nothing will be resolved by letting her continue on her path. Make a stand and then stick to it. Good luck and prayers for everyone.