Maypearl, TX Estate Planning Law Firms & Lawyers

Whether he can do this or not depends on what the power of attorney says. Most POAs say the attorney in fact cannot benefit himself/herself. You need to have an attorney review the power of attorney so your husband doesn't get himself in legal trouble.

Show the nursing home and any other relevant third party who might purchase your mother's property the revocation (It must be in writing, and your mother must have had legal capacity at the time she executed it). If your mother still has capacity, she can voice her own desire to leave with you. If your mother has lost capacity due to dementia or other mental deterioration, you may need to file for guardianship for her.

Under Utah's family expense statute, the wife, but not the children are responsible for debt incurred by the deceased to provide the "necessaries of life" which include, clothing, food, shelter, and medical care. Any frivolous or other expenditures, the surviving spouse is not reponsible for. However, the Probate Code makes clear that there can be no distribution to heirs until all debts of the decedent are paid. To the extent that distributions of the estate are made to survivors of the deceased when a proper claim has been made against the estate, the personal representative or heirs who receive $ can be hedld liable to the creditor who did not get paid.