Fraser, CO Estate Planning Law Firms & Lawyers

As the principal who appointed you as agent under a power of attorney, your mother is able to deal with her property in any way she chooses. She can act without consulting or contacting you. If your mother has dementia she may not have the capacity to execute legal documents. Has she been diagnosed with dementia? Has the physician who made the diagnosis, if any, provided you with an opinion that your mother is incompetent to act on her own behalf. Does she understand the effect of what she does? Does she understand and remember what she reads? In order to transfer real estate your mother must be able to execute a deed in the presence of a notary public who will be attesting to her capacity and identity. Without an acknowledgment by a notary public the deed is ineffective. Can your mother present herself to a notary public and appear competent?

It depends on exactly how your father's will purports to do this. If your father's will creates a trust for the house, it may be possible to amend that trust through judicial action; not likely. If your father's will simply requires the PR to make a deed to the two grand kids, with a life estate for you, then your wife's only protection will be in the "good" child. It's a bad situation, but be sure you take a step back modifying Dad's plan now that he has died will require a lot of custom legal work. Separate from the emotions of the situation and take a look at the bottom line: is your wife better off hiring lawyers to maybe win the right to stay in that house, or is she better off making plans now to find a new place to live after you're gone. Your estate plan could leave all to her so she have resources to find a new place.

If you are the client, you are entitled to all of the paper work in the file. If you were not the original client, unless you had an authorization, it may come under the attorney-client privilege or attorney's work product.