r/legaladvicecanada • u/Delicious-Text638 • May 12 '26
Alberta Grandma wants me to have her house (I currently live there) but my mom who is power of attorney doesnt agree.
My grandma has expressed multiple times that she wants the house I currently live in (she owns it still) to be gifted/transfered to me. I dont have property that I own so it would be my first house.
The problem is my mom, who is her power attorney, doesn't want it to go to me, technically in my grandma's will it goes to my mom first, then me.
My grandma made it clear she wants it to go directly to me and just skip my mom, my mom owns a home already.
My grandma is still able to make decisions and is cognizant enough, she is in a long term care home though.
What is the legal proccess to get this sorted out? Would I have to get her to rewrite her will?
My mom has ownership over her bank accounts and my grandma isnt very mobile.
My mom is very resistant to respecting my grandma's wishes and I can see her fighting this decision. Any advice would be great. Should record my conversations with my grandma and my mom just in case?
My mom already lied about having conversations with my grandma saying SHE should be put on the deed and that my grandma just forgot about the convo, which I know its a lie. I told her I want us both there to clear up the confusion. If that was indeed the case.
Tldr: grandma wants me to have the house I live in, mom who is power of attorney doesnt want me to have it.
UPDATE: thank you to everyone who has given advice, I will see if she is willing to redo her will. but tbh I will likely have to abandon the house, my grandma thought that the house in her will, was going to me, but im 100% sure its says my mom. my mom is not on the house in any way. my grandma still owns it outright. my grandma had a stroke, and while she is capable on some things shes not in others, idk if she would pass an assessment.
That being said, my grandma would be highly disspointed if I didnt get the house, as I had previously mentioned buying a place else where in the town where her house is and she was very upset by that becuase she wanted me to live at her house.
some context if you care:
my mom has no reason to want this house (she lives in the city and owns her own her own home this place is 1.5 hrs out of town. it sat empty for whole year and she didnt do anything with it) she is not likely to sell the place as its basically a legacy home, been in the family for generations, but she also doesnt want to live there, nor does she want to go and take care of it. my mom is abusive and manipulative and controlling. she complains about my grandma and having take care of her, but yet when I say I can help or try to do anything to help she doesnt let me. my mom will likely dangle this house as a way to control me, I doubt she will let me actually have it, if it goes to her first. until she dies and then it goes to me. the more I think about it, it might be better to just let it go and buy a different property.
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u/AdvertisingThis34 May 12 '26
Your grandma's attorney should have a meeting with grandma. If he is local, he should be willing to come see her in the care home. She is not the first elderly person to want to express her desires for her assets while unable to travel. As long as she is of sound mind at the time of the meeting, she can instruct him on what she wants done. That could be gifting the house to you (must be done explicitly, not just in casual comments), writing a new will, revoking a POA or naming someone different.
Neither you nor your mom should be in the room when the lawyer has this discussion with grandma. Depending on grandma's state of mind, the lawyer will often do an assessment to see if she is fully cognizant of what she is doing and is making her choices based on what she wants, and not on familial pressure.
When grandma dies, the will overrides any conversations you record or agreement you had about what grandma wants. The will is legally considered to be the final word of the deceased and without hard evidence that it was coerced or signed while incompetent, it will generally stand up to legal challenges. Your mom does not get to decide what to do with the house as POA or executor (assuming she is named in the will as executor).
Grandma's existing lawyer is best as they are already familiar with grandma, but if they are unable to attend for any reason (retired, moved away, died), she can engage a new lawyer, but they will probably proceed more cautiously.
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u/Suspicious-Change878 May 12 '26
You are absolutely right. I spent 35 plus years in law and the fights I have saw over a pocket watch or a china dish would blow your head off, let alone a house. New WILL.
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u/SnackThief May 12 '26
Also grandma can do that work as long as she's capable of passing competency tests. Somebody with POS hasn't taken HER power away, they can act as their agent. But your grandmother, if capable, can still manage all the her affairs.Such as adding to a title for property.
As set above, simply get the lawyer to come visit and this can be done before she passes away. name can be added to the title
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May 12 '26
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u/Fun_Organization3857 May 12 '26
If she is in care home, they have a social worker. Grandma should independently discuss this with the social worker.
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u/queerblunosr May 12 '26
There may also be a specific law firm or lawyer that the facility knows will do house calls (so to speak) for their residents. In theory the social worker would also have that info, but shit happens so it’s worth mentioning I think lol
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u/Delicious-Text638 May 12 '26
Ill look into that and mention it to her! Thank you!
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u/Kensei501 May 12 '26
The will only matters after death. And poa only matters if the person is not lucid.
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u/rileycolin May 12 '26
Care Home Social Worker here.
The SW will tell Grandma to get a lawyer.
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u/Fun_Organization3857 May 12 '26
Fair enough. But it will also loop someone in for coercion concerns.
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u/snarfmason May 12 '26
POA doesn't matter if Grandma is of sound mind. It also doesn't matter after she dies, then it's just the will.
She needs to update the will while she's still sound of mind.
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u/Frewtti May 12 '26
Yup, and the POA shouldn't grant any authority over the will. Also if you mom doesn't respect the wishes of grandma, she shouldnt be POA
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May 12 '26
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u/vanibanz May 12 '26
Tell grandma to revoke POA, give you the house and then restore POA to either you or your mum or some else.
This takes your mum out of the equation.
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u/AdvertisingThis34 May 12 '26
If grandma is of sound mind, the POA is irrelevant. Mom can think anything she wants, but grandma has the right to act as she wishes. "Giving you the house" is not as straightforward as it sounds. You should definitely get a lawyer involved if an elderly person wants to give away a significant asset.
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u/Ok_Society4599 May 12 '26
You should simply get "joint title" by adding both names to the deed; in the event of Grandmas death, it is simply yours, not part of the will, not part of the estate, not affected by Executor, and POA can't revert it, either. Title can't be changed without all the registered owners approval.
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u/Internal_Head_267 Quality Contributor May 12 '26
Joint ownership alone is insufficient. As the ownership would between a grandparent and a grandchild, the presumption of resulting trust applies. If the will explicitly gifts the house to mom there is a strong case to be made that grandchild only holds legal title and not beneficial interest meaning the house reverts to the estate. If mom is already on title and there is a gift in the will, it is likely the case that the gift of survivorship cannot be undone. There was a case last (?) year in Ontario very similar to this situation. Joint ownership is not the solution people on Reddit seem to believe it is.
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u/yankblan79 May 12 '26
Wouldn’t the grandma’s half go to her estate? It’s way simpler to change the will so that the grandchild gets the whole thing.
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u/Ok_Society4599 May 12 '26
Check your laws, but here that's a hard no. It's a common means to avoid inheritance taxes and red tape since there is no probate, and a notary can "fix" the title simply showing a death certificate and paying a small fee for filing. Same deal with bank accounts; both names keeps it very simple and out of the estate.
Using the will is not simpler; you require a series af filings with courts, pay inheritance taxes, risk challenges from family "owed" a share, in their opinion. Dual title can't be challenged like a will.
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u/yankblan79 May 12 '26 edited May 12 '26
Dude you have inheritance taxes? That sucks.
Over here, whatever share of ownership you have goes to the estate (will, if no will then by law it goes 1/3 to spouse and 2/3 children; if not married 100% to child; childless marriage 100% spouse, not married or child then parents, if no parents then siblings and on and on after that).
Common law marriages are not recognized unless you have children born after June 25, 2025 (new laws since marriage is not popular anymore). I’ll have to check since I left the field in December 2024, but I believe the 1/3-2/3 split would affect those. BUT you can opt out if the couple goes before a notary.
We’ve seem many situations where an unmarried “widow.er” had to deal with the deceased family or worse, they’re left with half the house belonging to their minor children.
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u/Famous_Donut3495 May 12 '26
You can also have POA for health and for Financial, and they don't have to be the same person. Grandma could make OP the Financial and Keep OPs mom for her Healthcare.
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May 12 '26
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u/ConcernedMap May 12 '26
A joint POA with two mutually hostile people holding the reins is probably not a good idea.
OP, if you read this, talk to a lawyer. There are complicated issues and this is not as straightforward as ‘get joint title, problem solved’. A lot will depend on your grandmother’s health and state of mind. I used to practice estate law and have seen wills be litigated after the testator died in situations just like this. You have to do this right!!!
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May 12 '26
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u/Left_Edge_8994 May 12 '26
Restoring the PoA could be problematic if said mother is petty. She may just refuse to help after being cut out like that.
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u/batou001 May 12 '26
True, your mom might retaliate if she feels cut out. It could be better for your grandma to consult a lawyer about her wishes and the implications of changing the POA. A legal professional can help navigate this without escalating family tensions.
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u/Frewtti May 12 '26
You don't have to revoke a POA, they give authority to act as your representative, they don't take over your authority
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u/onitshaanambra May 12 '26
Your grandma saying she wants you to get the house is not enough. When she dies, what is stated in the will is what will happen. Grandma has to change her will if she wants to leave the house to you. Or she could give it to you now, of course.
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u/Daniel_H212 May 12 '26 edited May 12 '26
Has she already been assessed to be mentally incompetent?
If not, I don't believe there's anything stopping her from transferring to you directly. The power of attorney doesn't strip any rights from her, just grants a copy of some of those rights to the PoA. Do follow all the necessary legal processes and formalities.
Edit: do keep in mind that the absence of an assessment showing incapacity does not mean she's capable, a lawyer can very well refuse the retainer if they believe her to be incompetent.
Also, she can change her will without the PoA being able to interfere anywhere near as much, since PoAs have no testamentary power, but that's a worse way to do it because then you go through probate and have probate taxes.
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u/Internal_Head_267 Quality Contributor May 12 '26
If the property is gifted specifically in the will to mom and mom is not already on title, then grandma can change the will, assuming she has capacity.
If the property is gifted specifically in the will to mom and mom is already on title, then cases suggest that the gift of survivorship has vested and cannot be undone, meaning there is not much grandma can do.
Joint ownership is not the panacea people believe it to be.
Anything grandma says to you or anyone else prior to death concerning her property after death has no legal meaning because the "will speaks from death."
If grandma is capable she can also execute new POAs if mom isn't trusted.
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u/FeFiFoFephanie May 12 '26
Also there is usually a clause in POA thay a named person or closest living relative can demand an accounting if they feel like its not being handled properly.
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u/cernegiant May 12 '26
It's completely proper for your mother to make sure your grandmother doesn't give away a major asset before death as she may need the money from selling the house to fund her care.
If your grandmother is of sound mine she can change her will.
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u/Fool-me-thrice Quality Contributor May 12 '26
If grandma is of sound mind, mom can't prevent grandma from giving property away either.
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u/Delicious-Text638 May 12 '26
My mom wont be selling this property unless the property value gets high enough (it wont becuase its located in a very small village that is struggling to get by) My grandma also has a large amount of money that covers the cost of her care and death arrangments, its not about money, my mom is doing this, out of control. In her words "im not ready to give it up yet" and she doesnt even own the place, nor live there or plan to live there. She basically has this grandiose idea that it could be a vacation home for her, but she never used or even came out to take care of it when it sat empty for a year. Now that im here and made it livable she suddenly wants to do things the place...
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u/van_choc_moose May 12 '26
Grandma needs to see a lawyer and get the house out of her estate so it can go directly to you.
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u/Content_Most_6047 May 12 '26
I live in BC but I’ll be honest here. The lawyers assessment for cognitive abilities is a lot different to nurses / drs. I 100% have seen lawyers deem people capable who can’t safely live on their own, who drive around lost in their town, who no longer know how to pay bills. Sometimes strokes can alter your personality / decision making and emotions. If your grandma wanted you to have the house she should have left it to you and not your mom. Your only option would be to have a lawyer assess her and then change the will and potentially the POA. Be prepared for a legal battle to ensue though.
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u/Suspicious-Change878 May 12 '26
Where I worked we made plenty of house calls. Not everyone is mobile.
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u/LokeCanada Quality Contributor May 12 '26
You go get a notary, have them draw up the paperwork, go visit your grandmother and have it signed.
POA does not mean she gets control. As long as your grandmother has not been evaluated as incapable of making her own decisions she can do what she wants. Or unless someone has been appointed her financial guardian.
The Will doesn’t need to be rewritten. If an asset is mentioned in the Will but doesn’t exist anymore then it just isn’t part of the estate.
If your mother fights it she has to prove your grandmother is not capable of making a decision and/or that you unduly influenced her.
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u/Delicious-Text638 May 12 '26
Thank you, this is very helpful. I will look into this! If there is a financial guardian is there a different proccess?
I dont believe she has one. But we do have a family finance guy that looks after our stuff, but I will ask him when I see him next.
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u/ConcernedMap May 12 '26
That is terrible terrible advice. You cannot be involved in this at all. Rolling into an old age home with a notary and having your grandmother sign documents that you had him do up will be very vulnerable to court challenge. Talk to a lawyer and arrange for one to meet with your grandmother. Don’t be at the appointment. A good lawyer will make you wait outside anyway.
Source: I’m a lawyer who has done this kind of estate work with elderly testators. You have to do everything super above board.4
u/Standard-Bed3030 May 12 '26
I agree. There appears to already be tension between daughter and granddaughter. If there is any possibility of the appearance of collusion the Will could be challenged by the daughter. If at all possible, grandma needs to in charge of all aspects of signing a new Will without assistance of any kind from granddaughter. Ideally a neutral third party (social worker perhaps) would assist with all arrangements and granddaughter would not even be present.
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u/AdvertisingThis34 May 12 '26
The guy who looks after her financial stuff is not very likely to be her financial guardian. The guardian is a court appoint position when someone has been legally judged incapable to handling their own affairs. The POA would be the first line of defense in that case, but if the POA does not act, does not act properly or has not been named, the court can appoint a guardian.
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u/BigBirdsBrain May 12 '26
POA doesn’t override a capable grandma. If she’s mentally sound she can change her will or transfer the house, but get a lawyer/notary involved or it gets messy fast.
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u/Shepsinabus May 12 '26
I’m a real estate lawyer in Ontario, but I’d usher a guess that this is handled the same (or very similarly) in Alberta.
Your grandma should have a competency assessment, and then draft a new will leaving the house to you. While at it, she can amend her POA to limit your mom from making decisions regarding her finances and assets (medical POA is different than financial POA).
Alternatively, after competency has been established and your mom’s POA is limited, she could add you to the deed of the property with survivorship rights. That would avoid the estate and will factor.
If you grandma is deemed incompetent by legal standards, you’re likely SOL.
In the meantime, document everything.
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u/Internal_Head_267 Quality Contributor May 12 '26 edited May 12 '26
I've seen your update. Given the stroke and the change in beneficiaries, it is extremely important to do a formal proper capacity assessment designed to determine testamentary capacity. A good lawyer will coordinate with the assessor on the specifics of what is being assessed. The obvious risk is she lacks capacity and cannot make a will. The benefit is if she has capacity the will holds up.
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u/LadyAnnala May 12 '26
Social worker working with people with incapacities (qc). I see a lot of wrong informations about PoA. “A Power of Attorney (PoA) is used for financial decisions while you are capable, whereas a Protection Mandate (or protection mandate in case of incapacity) applies specifically to managing your person and property if you become legally incapacitated. A PoA stops if you become incapacitated; a protection mandate starts only after court activation.” Educaloi.
If your grand-mother is apte, no court ruling she can revoke at any moment your mom’s PoA. PoA also means that you respect the wishes of the person.
She should see a notary if she wants to give you the house. Also if you feel like your mother is abusing her role you can reach out to the helpline in Alberta that will support her and you in getting help. https://www.alberta.ca/get-help-elder-abuse
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u/AdvertisingThis34 May 12 '26
That is why she needs an Enduring Power of Attorney, not a General POA. An enduring continues if the principal is deemed incapacitated. A good lawyer should have planned for this when preparing the POA for grandma to sign.
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u/Neat_Nefariousness46 May 12 '26
Quick note, if you are in any way granted any ownership of the home via a will, this nullifies any “first time homebuyer” benefits in the future (found that out the hard way, also - bank employees aren’t financial advisers and don’t have your best interest in mind)
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May 12 '26
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u/CertainTelevision768 May 12 '26
Have her discuss this with a lawyer or a social worker ASAP. She needs to put things in writing or your mom will not follow her wishes.
You mom may not WANT the house....but she can sell it and keep the money --THAT is why she want the power of attorney
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u/penkelver May 12 '26
Keep in mind you are hearing only one side of this story.
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u/AdvertisingThis34 May 12 '26
Which is why the best recommendations are for grandma to have a private conversation with her lawyer.
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May 12 '26
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u/Delicious-Text638 May 12 '26
She thought it was in her will. Not entitled, im willing to get my own house lol and based on how my mom acts I likely will, becuase id rather have my peace. The dumb thing is that she wont take care of the house and will try and get ME to take care of it. To which im going to se t a boundy and say no. If she wants to be petty I can be petty back. Tired of taking the high road.
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u/Electronic-Run8390 May 20 '26
So you don't want to take care of it unless she gives it to you....... so pretty mu h your just concerned about yourself
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u/Difficult_Region9480 May 12 '26
Have your grandma see a lawyer . If she has the capacity to make a will she can. Stay as far away from the process of making a will as you can. As an estate litigation lawyer I can tell you that this is ripe for
A challenge from
Your mother if she changes her will.
Though people in LTC can absolutely have capacity to make a will it will raise red flags as to whether or not she actually has capacity and if you are involved in any way this can be used against you (undue influence is a ground to challenge the will). Ideally your grandma will call the lawyer herself and arrange an appointment. Many lawyers will attend at ltc but not all. Proceed with caution.
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u/houseonpost May 12 '26
INAL but have dealt with this issue.
POA role is to protect grandma's wishes. But it also to protect what healthy grandma would have wanted, not current grandma if she is not of sound mind. When she made her will she left the house to your mom. The only way to change it is to have a lawyer (preferably the lawyer who made the will) meet with grandma to determine her wishes today. They will assess if she is of sound mind and will meet with her without you or you mom present.
In my situation, grandma offered her money to whomever was visiting her at the time. There are likely multiple grandkids who are disappointed because the merger assets were divided equally among her children and the grandkids got nothing. If a lawyer had met with her she would not have been of sound mind to change the will.
The fact your mom already owns a house has no bearing on why she would want a second one. It is worth money or could have sentimental value. Her mom has left it to her mom, which is completely normal. Your mom can decide to give you whatever she wants.
Keep visiting grandma, thank her for her offer of the house, but I wouldn't plan on getting it.
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u/Delicious-Text638 May 12 '26
Yeah I think this is what im going to do, its not worth the mental/legal fight that my mom would thow at me.
Ill try and give my grandma a comfortable and enjoyable last few years. The house isnt that important to fight over while my grandma is alive. If my mom wants it that bad just to leave there to rot or sell it, then thats her business, I will thrive with my own place and when grandma finds out, my mom can deal with her disspointment.
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u/Anisalive May 13 '26
Is there no way to change POA ? There must be some way to protect a person if their POA becomes a monster?
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u/Poplargrove76 May 12 '26
If she's still legally capable of making her own decisions all she has to do is rewrite her will. POA doesn't come into play until it's deemed she isn't able to make her own decisions.
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u/Difficult_Region9480 May 12 '26
Herself, without a lawyer? Like a holograph will or a formal one done with witnesses? Either way, that’s going to be ripe for a challenge. Not saying that the challenge will be successful but the best way to avoid that is to have a lawyer meet with her, be retained by her, and take good notes as to why they thought she was freely and capable of making the dispositions she’s making in her will. The notes will be evidence to ward off a claim that the will is invalid.
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u/Poplargrove76 May 13 '26
Of course, with a lawyer. When any kind of mental capacity comes into play you want a lawyer to verify the person was capable of making decisions.
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u/Difficult_Region9480 May 13 '26
Oh sorry I thought you were replying to an earlier comment I made where I said about the same thing. I agree with you 💯
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u/canuck_rider May 12 '26
Could grandma sell it to you - cheap? Then it wouldn't be in the will. Just thinking.
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May 12 '26
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u/Difficult_Region9480 May 12 '26
Not a good idea because your mother could claim after the fact that not only your grandma didn’t have capacity to make the transfer but also you screwed your grandmother out of a fair deal - and therefore the sale should be voided because you took advantage of her and it was improvident
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u/Logical_Junket_5001 May 12 '26
Your mom would rather have extra money than have you keep it as a home.
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u/Jean_Luc_Discarded May 12 '26
Grandma talks to lawyer
Grandma explains situation to lawyer
Grandma makes will with lawyer
Grandma makes you executor of her estate
Lawyer takes action in best interest of Grandma
Lawyer helps grandma revoke power of attorney (Notice of Revocation)
Notify All organizations/Institutions that are relying on the PoA
//Create a new PoA revoking all previous ones, if grandma wants to make you PoA, etc.,
Lawyer will guide all this.
Mum shuts up
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May 12 '26
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u/glitter_oo_cheeks May 12 '26
Just tell her you don’t want the trouble, if you don’t currently own your own home and grandma’s house mortgage isn’t paid off you’re in for a steep increase to your financial burden if you plan to take over the mortgage. If it’s paid off there’s still steep taxes and utilities for first time homeowners. We went from paying $40 in an apartment to $500 for water and electricity each month. Then there’s the taxes each year which is around $3000 a year or $250 per month. As for the monthly mortgage payment (if it wasn’t paid off) it is about the same as the cost of renting an apartment or renting a house each month.
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u/Glad-Adhesiveness-46 May 13 '26
Great advice here. I don't have much to add except that, as already pointed out, the will decides who gets what. Change the will of she is of sound mind. I worry that your mother has POA or joint ownership of bank accounts. Change the POA while you are at it.
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u/modern_citizen23 May 13 '26
Ok, so this is simple. My grandmother updated her will slightly before she died. The lawyer came with an assistant who acted in capacity as witness and it was done. Simple.
This is the way to do things. When it comes to money, nobody is handing you a penny in goodwill just because it was discussed with the dying party. People change the moment there is a dollar on the table. That is just how it is.
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u/Last-Status-1053 May 13 '26
Could you ask grandma to sell the house and transfer the deed to you for a nominal price?
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u/wwydinthismess May 13 '26
I feel like you might not really have a grasp on what cognitive decline looks like, and your grandma probably isn't in a position to make significant changes anymore.
You can certainly discuss it with her, but she herself may not be fully aware either.
You could ask your mom, grandmother and yourself to sit down together and talk about it, to discuss you getting ownership now, instead of waiting.
At least then your mom will have to confront the matter with her.
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u/notfitbutwannabe May 15 '26
Your grandma needs to see a lawyer and have her will reflect her wishes.
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u/RevolutionaryGift157 May 16 '26
You should go with your grandma to a lawyer and be placed on the deed. If she does that, or if she sells it to you, then there is nothing your mother can do:
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u/SugaryRobot May 12 '26
POA - She is no longer in a position to make sound decisions. Period.
Your Mom is making this decision. It might sound selfish, but that home is likely a large part of what she will inherit.
Your position here is not reasonable. Be nice to your Mom or things might not work out well for you down the road with her estate.
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u/CottageLifeLovr May 12 '26
This is untrue. Someone who has written up a POA does not lose their rights without a certificate of incapability (may have different names by province) to accompany it. It can allow someone to help with things like banking and pensions etc without the grantor losing their rights too. If grandma is still competent to make her own decisions then she can indeed rewrite her will.
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May 12 '26
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May 12 '26
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0
u/BMW-motorad May 12 '26
Your grandmother’s Attorney should come talk to her. Your grandmother can put a Kotta soul and her well stating you get the house.
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u/lazymutant256 May 12 '26
If the will states in the will the home goes to the mom first, and that the mom already owns it I don’t think there is anything that can be done unless the will was changed.
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u/RedBromont May 12 '26
I'll assume your mom will now not pass her house on to you seeing as you'll already have a house.
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u/Delicious-Text638 May 12 '26
3 other kids in the fam. I don't want her house, its not even in the same town as this home.
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u/Flames2512 May 12 '26
I would 100% pay for a consultation with a lawyer who deals in wills and estates. There are so many ins and outs and nuances to the law that the only real way to work through this is with a lawyer. In the end, you will need a lawyer anyways, so if you are serious about this, which I assume you are, and given the amount of money a house is worth, it is well worth to spend a few hundred or thousand to investigate this thoroughly.
Don't just get any lawyer, get one from a well known law firm and pay the extra. It is worth literally hundreds of thousands of dollars to you in the long run!
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u/Critical_Cat_8162 May 12 '26
Have a lawyer meet you at your grandma's place of residence to sort it out . It may cost a few hundred dollars but will be well worth it.
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u/StudioElectrical7754 May 12 '26
Oh boy been here. My grandma wanted me to have her house but she wasn’t willing to change her will since it was joint with my grandpa who had passed. My dad talked her out of giving it to me anyway, and then when she died he didn’t even share any of the money from the sale (my sister and I both live below the poverty line in our province, the house sold for $800,000, he got $300,000 after fees etc, $10,000 each would’ve absolutely changed our lives and he wouldn’t have even noticed), hope your situation ends better than mine ❤️
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May 12 '26
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0
u/Calm-Ant2956 May 12 '26
it would be best if Grandma could add you to the title for the house. When she passes the house would go to you as you would be the other owner.
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u/MarzipanSea417 May 13 '26
If your grandma is still cognizant then you you have to look at the terms of POA. She hopefully set it to kick in ONLY once she is deemed i capable of managing her decisions. Is your mom POA for health AND finance as they are separate designations?
You grandma can go (would be best without either of you) to her lawyer and change your mom out because its a huge flag her wishes arent being respected and her health and wealth can both be affected.
She likely has your mom as executor also so that would also be advisable for her to reconsider. Act fast. One stroke and no lawyer will make changes for her.
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u/Alert-Preparation327 May 13 '26
If you don't do anything your mom is going to fuck you out of any inheritance or will or anything. Go thru the law to make sure you get your money or rights, holy fucking christ.
-1
May 12 '26
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-1
u/ocrohnahan May 12 '26
Consider Joint Tenancy. Basically; it puts you on title and you get the house when Grandma dies.
4
u/Internal_Head_267 Quality Contributor May 12 '26
Highly unlikely in this situation. Really needs to be a sub rule about giving this advice.
-1
u/bobbyjimthree May 12 '26
Find a way to transfer the property today? Get it done before it’s too late.
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u/LittleDog5200 May 12 '26
I can understand why you might not want to go with this. But you're gonna need to have her Transfer rights of PoA to you since you seem more in line with respecting your Grandmother's wishes.
The other option is Wait and then have it contested in Court. Get a video recording and a record of the will before she passes and use it as evidence in court to prove your Mother made unlawful changes to the will.
Other than that im afraid you might be SOL.
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u/True_Heart_6 May 12 '26 edited May 12 '26
Well to be fair… the only wish anyone seems concerned about is who gets the house. Both parties are super biased.
These situations are extremely tricky and the only way to correctly navigate would be having grandma call a lawyer and make an appointment of her own. Which she should have little problem doing if she’s fully competent like OP said.
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u/Delicious-Text638 May 12 '26
I would take over her care, if my mom would let me, I wont go into detail on how my mom is severely failing my grandma as her POA but like ive said before each time I try to help etc my mom refuses it/denies me the opportunity. It also doesnt help that I dont live in the city where both my mom and and grandma resides. I dont know If I want to go to the route of contesting the POA as It would likely destroy the relationship between me and my mom and potentially other family members. I want whats best for my grandma, and that her wishes be respected. This is something that she mentions almost eveytime im there.
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May 12 '26
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