My father in law just passed away. He was wheel chair bound from a stoke and other medical issues. His nurse from the V.A. hospital talked him into moving to a house 4 yrs ago and she would be his home nurse. Well now that he has passed, we find out she is on the checking account as a joint account, and on the life insurance policy. 2 weeks before he died she became his POA with out us knowing, so we were not notified that he was in the hospital when he died. She has the house keys and wont give them up so we can clean out the house, she says it is all hers. Is there anything we can do? She did not live with him, as she is married and lives with her husband.
Two things to keep in mind - POA ends with death. So once your FIL passsed, she no longer has the authority to act on his behalf. Although, it's very likely the joint checking will divert to her solely - and any other account she may be on. Just hope she is not named as executor of the will. You will likely need to get an attorney and/or your local sherif involved to get the house keys.
The second thing is that POA is not allowed - in any state - to make changes to a will. So unless she took your FIL to an attorney for a new will or changes to an existing one - if there is one - the will, will stand as originally written in a court of law.
Good luck - I think your gonna need it as this sounds like you're going to have an uphill battle on your hands.
P.s. I'm curious- if she wasn't living in the house and had a husband at home I'm assuming she spent time with - who looked after your FIL when she was at home with her hubby?
Additionally- if the POA document does grant the power to change insurance beneficiaries and she changed it to herself - she could be placed under an investigation by the insurance company. Doing that - changing beneficiary to herself is generally considered unethical - an abuse of power and if challenged could negate the change.
What is your evidence that FIL did not do these things of his own free will?
What was the nature of your relationship with FIL while he lived in that house and had that woman as a nurse?
You don't mention anything about FIL being mentally compromised. So I assume that he made the changes and that you are thinking it might have been under duress -- that CG Nurse put pressure on him or exercised undue influence. I think you will need evidence that this happened. What can you point to suggest unethical behavior?
You can't just waltz into a bank and say "Please add me to Joe Doak's checking and savings accounts." Your FIL would have had to be there in person, which is perfectly possible in a wheel chair. So, assuming he was there and changed it, what did she have over him to coerce that?
It is similar with beneficiaries of an insurance policy. It may not require personal appearance but you can't just dash off an email and say "change the beneficiary to me, please." You father would have had to authorize that.
On what basis does she claim that the house and contents are all hers? Is that in a will? Or does she claim an oral agreement? Was her name put on the deed? When?
Please understand, I am not trying to argue that the Nurse was an upright citizen, devoted to caring for one at-home client and FIL thought she should be rewarded for her devotion. (That is possible, of course.) But I think to change anything you will have to prove malfeasance on her part. That will take evidence. I do understand why you are outraged, but that is not enough to change the beneficiary or account ownership.
You (or your spouse) will need a lawyer to guide you on this.
Which brings me back to a question I asked earlier- if she has a home with a husband in it and she lived there at least some of the time - who looked after your FIL when she wasn't there? If there was additional help they might be able to provide you with some concret information regarding your FILs personal belongings.
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