if 4 siblings names are on the deed of my 91 year olds mom’s house, can brother sue me as POA for donating player piano to her assisted living facility?

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if 4 siblings names are on the deed of my 91 year olds mom’s house, can brother sue me as POA for donating player piano to her assisted living facility?

My om now lives in assisted living. I got brother’s name on deed per mom’s wishes, 2 years ago. He works out during the week and has decided not to communicate w/ family until recently. He doesn’t help, will not allow us to call his house, because of his wife and no email. alls and visits mom now (good) after her 2 major surgeries. He has told me that he will see me in court if I take out the piano. He is interested now because of money. I have had all the financial responsibilities and more that come with an elderly parent. I was downsized several months ago after 22 years. I need to go back to work at 56. House needs to be sold. What can I expect?

Asked on August 5, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, you are supposed to use the POA for the benefit of the person for whom it is intended: paying bills, etc.  If Mom retained personal contents  - which she probably did - and is requesting that you donate it to the home (and I would have her sign something as long as she is competant) - then your brother can say nothing.  But if you are considered to be "dissipating" her assets then he has a legitimate gripe.  Good luck.


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