halifire

halifire t1_j6pegbr wrote

So I'm going to assume by savings you actually mean your investments. If this money was actually stored in a savings account then what I'm going to say won't apply. To play devil's advocate EJ was providing you some pretty solid advice. There's some pretty significant downsides with selling investments to pay for home improvements. The biggest one is your forcing yourself to realize gains on your investments. Depending on your situation this could result in a significantly larger tax bill. By recommending a line of credit your advisor was providing you a cheaper alternative to pay for the repairs. Back in 2019 rates were pretty low so you could have borrowed this money pretty cheaply. If you use your home as collateral then then you'd probably be paying around 3.5%. since you used the funds for home improvement you are then allowed to deduct the interest you will pay from your taxes.

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halifire t1_iydp88o wrote

Have you provided them proof that he moved out and no longer lives in the state? They might be assuming or suspecting that he is still living with you. If they are aware of this then you're going to need to hire an attorney to sort this out.

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halifire t1_iydoy3a wrote

Auto insurance is very state-specific. I'm not familiar with CA's laws but in my state your insurance covers occasional use by parties not included in your policy. One exception to this is if the person who was driving lived in your home and was not added to the policy. If the nephew had a left the state then the policy might cover this accident but the insurance company might think that the nephew still lived with them thus denying the claim. At this point attorneys really need to get involved.

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halifire t1_iydmwkc wrote

Yep. The father was the one who committed the fraud and thus needs to be held accountable. When acting as a POA you have a fiduciary duty to do right by the principal. By taking on 90K plus in credit card debt without benefiting the principal is probably enough to show an abuse of POA. As an attorney OP should be in a better position to look into this herself instead of asking Reddit. The only recommendation we can give is that she should probably consult an attorney that focuses on this type of issue.

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