QUESTION
If my sister became the power of attorney by having my mom sign papers, and she want to evict us to sell the house, is it legal?
Asked on May 23rd, 2017 on Estate Planning - California
More details to this question:
Now my sister evicts family members that were living there. And message me that I have until the 25th to remove my personal out the basement so she can sell the house. My mom isn't dead and the house was supposed to be sold until she is gone. She created a new will.
3 ANSWERS
Power of attorney only means that if your mother can not be physically present to sign something or give consent, then your sister can act in a way consist with what your mother would want. Find out what your mother wants to do. If she has already died, the power of attorney disappears and the person appointed administrator of the Will determines, with court approval, what to do.
Answered on Aug 10th, 2017 at 7:33 AM
If you are contesting the validity of the will or your mom's mental ability to give the power of Atty to your sister you need the help of an attorney.
Answered on Aug 09th, 2017 at 4:24 PM
A power of attorney allows the holder to act for a person while they are alive. This would appear to be legal.
Answered on Aug 09th, 2017 at 4:21 PM