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    Abigale's Avatar
    Abigale Posts: 4, Reputation: 1
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    #1

    Oct 9, 2010, 07:10 PM
    My friend gave away all her things before she died , now her Brother wants them back.
    My friend was not speaking to her brother when she went to hospice house. She gave all her things to me and 2 other friends , she wanted me to take care of her cremation and cleaning her apt. but I had no Power of Attorney to take care of her cremation or buriel plans, her next of kin would have to be notified. 2 days before she passed she signed POA to her brother. Her brother now wants everything back that was given to us. When I met my friend she hadn't talked to her brother in 10 years. But called him when she got cancer, then they got in a fight again and refused to talk to each other for over 1 1/2 months until the POA was signed. Can her brother legally get everything back ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 9, 2010, 09:57 PM

    The POA is irrelevant. It terminates at death. The reason he was able to authorize the cremation and funeral arrangements was that he was next of kin.

    If she was of sound mind at the time she gave the stuff to you the gift is valid. The brother has no valid claim to it.
    Abigale's Avatar
    Abigale Posts: 4, Reputation: 1
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    #3

    Oct 9, 2010, 10:44 PM
    Comment on AK lawyer's post
    , He is saying she wasn't of sound mind when she designated where she wanted her things to go ,but she was of sound mind when she signed him as POA 2 days before her death. Thank you for your response.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Oct 10, 2010, 09:35 AM

    Tell her brother to go fly a kite. He can complain to a Judge but he'll have to file a lawsuit to get those items "back" that she gave away. No Judge will give him her stuff "back".
    Abigale's Avatar
    Abigale Posts: 4, Reputation: 1
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    #5

    Oct 15, 2010, 10:45 PM
    Comment on twinkiedooter's post
    Her things wouldn't equal the cost of a lawyer. I think he is mad because he waited till the last Minute to see her and she already gave her things away.and he missed out. He says he is going to sue.There was no love lost between them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 16, 2010, 11:14 AM

    Whether they loved or hated each other doesn't matter. I would take the position that these were gifts and that's all I'd say about it.

    If he wants to argue that she was not mentally competent at the time, let him. I doubt it'll go that far.

    As I said, I would NOT discuss this with him.
    Abigale's Avatar
    Abigale Posts: 4, Reputation: 1
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    #7

    Oct 16, 2010, 08:43 PM
    Comment on JudyKayTee's post
    Thank you , I have had contact by Emails before he started getting demanding since thenI have just ignored his Emails
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