Legal Question in Real Estate Law in Ohio

My mother (a widow) had established a Family Trust for myself and 4 sibilings 5 years ago. 4 Years ago she remarried. Last year her new husband hired his attorney to dissolve the trust and had my mother set up a "Will" naming the children as her beneficiaries to her estate, (we have not seen the will). We are concerned IF he is made POA to my mother could he transfer the deed to her home into his name?

I always though a Family Trust was better than a Will. Supposely nothing else has changed. He is paying the property taxes, insurance, and living expenses for their household, (my mothers home). Could he put a lean on the estate if she should die? My mother had been diagnosed with Alzheimer's and we are very concerned. Any advise would be GREAT appreciated.


Asked on 8/24/09, 2:40 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Your question raises many issues. To answer some of the questions, if your mother's new husband has a power of attorney he can transfer the house. A holder of a power of attorney must act in the best interest of the person giving him or her the power.

I think it is very curious why the trust was terminated. It sounds like your mother is a perfect candidate for a trust. I woudl suggest that you have a ttorney look at the situation to protect your mother.

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Answered on 8/25/09, 6:04 pm


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