QUESTION
What should I do when my step brother sells a piece of land that is still in my father's name?
Asked on May 13th, 2013 on Estate Planning - Colorado
16 ANSWERS
2 Awards
It is not possible to legally sell land in someone else's name without being the trustee of a trust or through probate. Sit down with a probate and estate attorney ASAP to see what is going on. Do not wait because if he sold it privately to someone who didn't know better, there may be nothing you can do but get your share of the money and if your brother was willing to do what you say, he will either spend or hide the money from you. Call an attorney ASAP.
Answered on May 16th, 2013 at 2:24 AM
To sell a piece of property, the seller either needs to be the owner or have legal authority on behalf of the owner to sell it. For example, he may have such authority as your father's conservator or under a power of attorney. Further facts are needed to provide more precise advise. You should consult an attorney. The foregoing is provided solely for informational purposes and is not intended as legal advice. For legal advice upon which you intend to rely, you should consult an attorney.
Answered on May 15th, 2013 at 5:08 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It depends. How is your brother able to do this? Was he appointed by the court? Is he acting under a POA form? Is there some reason he should NOT be selling the property?
Answered on May 13th, 2013 at 12:56 PM
Thomas Edward Gates
Does he have Power of attorney? If so, he has a right to sell the property. Otherwise, he is committing theft. Retain an attorney to assist you on this matter.
Answered on May 13th, 2013 at 12:56 PM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
Your step brother should not be able to do this. A title company will want to see his authority to be able to sell the land that is in a third-party name. Contact an attorney about opening up a probate estate so that the land can be sold.
Answered on May 13th, 2013 at 12:56 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
That isn't possible, unless your father gave step-brother power of attorney, or father has passed away and step-brother was named administrator of the estate. More facts are needed.
Answered on May 13th, 2013 at 12:55 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Not enough information.
Answered on May 13th, 2013 at 12:55 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Contact an attorney you need to file a probate action for your father's estate (I am assuming he is dead) and get appointed personal representative.
Answered on May 13th, 2013 at 12:54 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
First, find out if your father authorized him to do it. Normally, your father's signature would be needed on the deed to pass title. On the other hand, if your brother has a durable power of attorney for financial issues or is the conservator for your father, then your brother has the authority. The next question is how is he using the money. If he is using it for the care of your father, you don't do anything. If he is using the money for his own benefit, you complain to the court.
Answered on May 13th, 2013 at 12:54 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
How can he sell if your father has to sign?
Answered on May 13th, 2013 at 12:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
There are insufficient facts upon which to form an opinion. If her stepbrother is sold the piece of land which is in your father's name, and not his, after your father's death, unless he has some form of authority to do so the transfer would tend to be invalid.
Answered on May 13th, 2013 at 12:53 PM
3 Awards
I'd your father is alive he may have a cause of action. If he is not you may need to be appointed by the probate court to act on your Father's behalf. I urge you to speak with legal counsel where the land is located to address the options available.
Answered on May 13th, 2013 at 12:52 PM
If the land is in your father's name, to sell it, he must have gotten permission through a power of attorney, probate or some other means.
Answered on May 13th, 2013 at 12:52 PM
Estate Planning Attorney serving Marquette, MI
at
The Wideman Law Center, P.C.
Update Your Profile
If the property is still in your father's name, then either; You father is either agreeable to the sale, or Your father is being coerced into the sale, or Your step-brother is forging your father's signature. If two or three are accurateness - you need to consult an attorney ASAP.
Answered on May 13th, 2013 at 12:52 PM
Probate & Trust Attorney serving Seminole, FL
at
Law Offices of Phillip Day, P.L.
Update Your Profile
It would be fraud if your brother signs a deed that is not in his name unless he is signing under a power of attorney or some other capacity under the authority of your father assuming your father is alive. If your father has passed away, he can only sell as a personal Representative appointed under a will via a probate process or as a trustee under a trust agreement. Otherwise, the transfer would not be valid based on the facts you provided.
Answered on May 13th, 2013 at 12:51 PM
First, contact your father and ask him about the property. If something inappropriate is going on, contact an attorney who specializes in elder law.
Answered on May 13th, 2013 at 12:51 PM