Legal Question in Wills and Trusts in Tennessee
Inheritance
If I gave my son my power of attorney and he sold my farm and spent the money on property for himself is that considered his inheritance?
3 Answers from Attorneys
Re: Inheritance
If you want the sale of the farm to be his inheritance, you should make a Will specifying that the sale of the farm by the son is an advancement in part or in whole toward that which he would have otherwise acquired. On the other hand, you could file suit against the son and demand that he disgorge the profits from the sale of the farm on the grounds that using the power of attorney was a violation of his trust.
Re: Inheritance
MO. NO. NO. NO. ........ NO. If you suspect that this may happen. Revoke the power of attorney immediately. If it has already happened, contact an attorney immediately.
Re: Inheritance
You should consult with a local attorney, but my first thought is that his dealing on his own behalf would definitely be considered as an advancement against his inheritance. You should strongly consider redoing your will.
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