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Power of attorney revoked for DH and his parents now we are separated ? Am I right in my understanding of why ?

(3 Posts)
Throughthestorm Sat 10-Jan-15 11:42:57

DH and I have been together 27 years and recently ( 10 months ago ) separated . Everyone including us I think thought we'd get back together until recently he found himself a gf and fell in love after 3 weeks !
While I am completely devasted and struggling to ever see a happy future for me and dc at the moment I know found out that his parents have revoked power of attorney which he had .
It was always us that helped them sort out any problems or concerns and at nearly 90 when DH first went to live with them this summer I was glad they had made him poa and I think prob signed the house over to him .
However now he has a gf and doesn't want me back I suppose that would mean I had a claim on the house if his parents did pass away .
Is that why they would revoke it.
As far as I understood if we are separated or probably divorced I would be entitled to none of his future inheritance which is a darn shame as they always told us we'd have a third of the estate and now he will get this alone . I m not being greedy it's just that he never really had a good pension because I did and he always knew I'd share mine and he'd have his parents estate ( they are almost 90 ) . I hope they both live a happy and healthy further many years obviously but would our separating be their way of protecting their sons investment ? He wants half my pension too !
I can understand why they would do it . Otherwise I did wonder if they are a bit disgusted with his mid life behaviour and just don't trust him with the whole thing anymore ! I'll have no claim on his future inheritance anyway but I suppose I would if the house was signed over to him at the point of any financial settlement ?

jodee Sat 10-Jan-15 20:01:04

Hi, first off so sorry about the separation, that in itself is devastating.

There seems to be a few issues going on, your DHs parents sound extremely on the ball at nearly 90 to revoke PoA, I'm guessing they still have all their faculties and hadn't needed to implement the PoA already. Possibly they don't want the GF to have her hands on any of their money, via their son.
I hope they find someone else to appoint soon, maybe an independent party, like a solicitor?

A possible inheritance by DH would be taken into account in Financial Settlement I believe, as his parents are quite elderly and he would inherit in the near future. (Of course this would all depend on the content of their Wills!)

You should get some legal advice, many solicitors offer a free initial consultation, good luck.

stevemLS1 Sun 11-Jan-15 11:19:39

His status as attorney will have nothing to do with whether he inherits or not and it does not follow that the house will have been signed over.

Similarly, his acting as attorney does not affect the assets that will be available on divorce.

I doubt very much whether a "possible" inheritance could be taken into account in arriving at a financial settlement.

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