My brother the POA is going to sell the property that was willed to me for the healthcare expenses of my parents. Is there anything built in to the will that I would get an equivalent amount from the estate after they pass away? They have several properties. POA brother is also executor of the will and will look for any loophole to keep from giving anything to me and my children.
If his has their power of attorney, he can do it. if your parents are still alive, are they okay with him selling property they want you to have?
A valid POA authorizes business to be conducted by the POA up until the time of your parent's death. It would appear there is dire need for the sale to pay for healthcare, which, is common. Why? Because most people want to use their assets to pay for necessary things like healthcare rather than leave large debts and unpaid obligations or worse, forego the use of needed medical help that can extend your parent's life.
This does not appear to be a loophole. Instead, this may be exactly what your parents, that prepared the POA, desire.
While I agree with the other answers, this situation seems to present your brother with an opportunity for self-dealing, and that would not be appropriate. If for example, there is a property for each sibling and he sells off all of the other properties before he sells the one meant for HIM, I believe a court would have a real problem with this. You probably need to have an attorney review this situation to determine how best to proceed.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
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