Attorney Thomas B. Burton answers a reader question about whether her sister, who was named as Agent under her mother's Durable Financial Power of Attorney document, can charge the reader maintenance for maintaining her mother's home after her death.
Transcript of Video: Can Agent Under Power of Attorney Charge me Money for Maintaining Mother’s House After Her Death?
Today's question has to do with the
power of attorney the reader writes from
Superior Wisconsin the following my
mother passed away and my sister has
power of attorney but she is charging me
money for maintenance on the house
can she? Then the right reader explains
further sister has power of attorney of
my mother's will and house and is
charging me money for maintaining the
house there was money left in the will
for house maintenance she will not
provide documentation proving any of
this I want to sell the house but she
won't so I wanted to start with a couple
things here it sounds like you're
getting a little bit confused over a
power of attorney document and a will if
your sister was your mom's agent under a
power of attorney she had authority to
act for your mom only up until her death
upon death the power granted under a
power of attorney dies with the person
after death whoever is named in the will
as the personal representative or what
we call an executor takes over so to
start with if mom is dead disregard the
power of attorney even if your sister
was agent before her authority ended at
death now sometimes the agent is also
the personal representative if your
sister is the personal representative
then she is in charge of the estate
under the will check the terms of the
will to see what specific authority she
has but generally she would be in charge
of collecting the assets of the estate
paying any debts opening the probate
where the creditors would file their
debts and then liquidating the assets or
distributing them according to the will
assuming the will is silent or allows it
she would be in charge of listing the
home for sale and then distributing the
proceeds if you are named in the will
you're entitled to part of your mom's
estate and the will is a public document
so you should be able to go down to the
Douglas County
the probate register and obtain a copy of
the will to see if you're named if your
sister is charging you maintenance for
the house I'm not sure what that means
generally she would use your mom's funds
left in her estate to pay for the upkeep
of the house until it can be sold if you
are unhappy with her performance I
suggest you speak to the court about her
actions as personal representative so
great question thank you for asking and
good luck as you go forward with this
probate case.
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Transcript and captions provided for ease of access for the hearing impaired.
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