My dad has this girl who is not biologically his child. He signed the birth certificate so she can get a disability check. She has POA over him. He and my mom have a home that my mom still lives in. We are concerned that she is trying to take ownership of the house after our father passed away. Will she own the house with our mother when he passes away?
This girl's POA ends with your Father's death. I think it unlikely that she can "legally" add herself to any deed. If she is executor of your father's will, or Trustee of his trust, as well as his POA she will have only the power to distribute the estate as she has been directed to do upon the death of your father.
I would seek the advice of an elder law or trust and estate attorney. Sounds as tho this would be 400.00 well spent. Make it clear you have only a few questions, and need an hour of time. Good luck.
Are your parents actually divorced?
"He signed the birth certificate so she can get a disability check."
Did he do this when she was born? Or later in her life? I don't know what this means or what it has to do with the PoA issue.
He signed it when she was born. I was asking if her having the power of attorney will entitle her to his half of my mother's house.
Whose name is on the mortgage?
How is the house titled?
How does your dad putting his name on her birth certificate get her disability payments?
If the title to the house is held by your parents as joint tenants with right of survivorship (JTWROS), then the entire house becomes your mother's when Dad dies. Very few married couples wouldn't title their house this way, so I seriously doubt there's a way this woman could take the house.
Even if she's his POA, she isn't your mom's, correct? She can't even sell the house without Mom's consent.
It may very well come down to what the divorce settlement was.
Ahh, now I see this "girl" is actually his daughter?
There are laws that prohibit a POA from changing any assets into their own name, no self enrichment is allowed, if she is doing this, like putting herself on the deed, your mom would need to file charges since it is her house in danger.
I would recommend that you put a fraud lock on all of her credit, notify the mortgage company as well. Nothing needs to be signed for them to pay the mortgage, they don't care who pays, as long as it's paid.
Something is obviously up, please be proactive about protecting mom.
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