QUESTION
What can I do if brother has the power of attorney but left me out of everything?
Asked on Jul 28th, 2013 on Estate Planning - Florida
More details to this question:
My brother has the power of attorney for our mom. She died in 2003. On her first marriage, she had 5 kids. On the second marriage, she got 1 kid. They took a $200.000 loan on home split it 5 ways. I got nothing. The bank doesn't think I am alive. She may have had a will to but they don't tell me anything. Does he have to make this right for me? He made a new will when he read it all lies she signed. What he read did not match. What can I do?
10 ANSWERS
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Your situation is too complicated to address, here. You need to have an attorney review all the facts with you. I do not know what you mean when you say that he read the Will and the facts "don't match." You should have an attorney assist you with this before you lose your entire inheritance.
Answered on Jul 30th, 2013 at 11:51 PM
2 Awards
It is tough because she died in 2003. However if probate was never opened and the home is still in her name, open probate and sell the house. Show the loan to the court to reduce your other siblings share. If the house was in a trust that changes things a little but unless you were disinherited in the trust you still have rights. THAT SAID stop waiting years and years. That is going to be your biggest problem.
Answered on Jul 30th, 2013 at 11:50 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You can file a case in probate court to find out if there is a will.
Answered on Jul 30th, 2013 at 11:50 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
I assume you are in California. Under this assumption, the power of attorney expired upon your mother's death. Your brother had no power to do anything pursuant to the power after that time. You need to speak with an attorney who handles probate matters, and provide him or her with all the documents you have, so that you can get some advice as to whether it makes sense to proceed against your brother or other person. The fact that your mother passed away 10 years ago may make this very expensive and difficult to pursue (and indeed, may make it impossible due to the statute of limitations), but it is impossible to tell that without a complete review of your situation.
Answered on Jul 30th, 2013 at 11:50 PM
3 Awards
You need to pay to sit down and have a consultation with an attorney. Your issue is not clear. A power of attorney dies with the maker, so if your mother died 10 years ago. I am unsure how action could have been taken. Another issue you face is limitations of actions. This forum can merely identify that you need legal help, it cannot provide you with details on resolving the complicated issues.
Answered on Jul 30th, 2013 at 11:50 PM
The Power of Attorney expired when your mother died. The house should have gone through probate to have the names on title changed. It is ten years after the fact so all your claims are probably barred by the Statutes of Limitation.
Answered on Jul 30th, 2013 at 1:28 PM
You can fight. The power of attorney terminated when your mother died, so your brother does not have that advantage over you. Hire a good lawyer and bring the matter to the attention of the probate court.
Answered on Jul 30th, 2013 at 1:16 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It is probably too late now, since your mother died in 2003, unless the estate is still open. When did you turn 18? If within the last 2 years you may have a claim for fraud. You need to talk with an attorney about the details.
Answered on Jul 30th, 2013 at 12:22 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Power of attorney means nothing after someone dies. I assume you mean brother is also the personal representative named in your mother's will. If the will was probated in 2003, it is probably too late to do anything. If not, you might still be able to bring an action to contest the will. See an attorney and see if there is anything you can do.
Answered on Jul 30th, 2013 at 12:21 PM
You need to hire an attorney for your problems. This is very complicated and many issues surround your fact scenario. However, basic law is when one dies, so does the Power of Attorney "POA". Therefore, if anyone used a POA after your mother passed, they are liable for any and all acts. Further, the POA should not be used to make someone's will.
Answered on Jul 30th, 2013 at 9:30 AM