If my brother and I share a interest in our grandmothers estate, and it is written in the will that we both equally attain each others in case of death. Also specifically states under no circumstances does it go to my mother. Would she have the right to take the money upon release of funds if she has power of attorney of my brother ? He was also on Medicaid so could not have more than 1,000 in bank account. ??
1 Answer from Attorneys
Your question is extremely unclear. It would appear that you need to explain more of what the will actually states. As to your brother, if this is a gift to him that disqualifies him, it is his property regardless of who takes possession under a power of attorney. You really need to discuss the circumstances and your question with an attorney who has been provided the documents in question.