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Can Agent Under Power of Attorney Charge Me Money for Maintaining Mother's House After Her Death

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.

© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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