QUESTION
Can a power of attorney quitclaim property to their relative knowing there is a will leaving it to someone else
Asked on Nov 24th, 2020 on Wills and Probate - California
More details to this question:
My mom died on nov 4 2020 . She had my sisters daughter as a durable power of attorney . On nov 2 I went to see my mom in the hospital she was sleeping and I was told she had been asleep since early that day , she never woke up and she died on the 4th of nov. In may of 2014 my mom wrote out her will and it was witnessed by two people , she left her estate to me . I had been her caregiver for five years and lived with my mom on and off most of my life. My sister did not like this and by lies and manipulation I was forced to move out . Two days before my mom passed my sister and her daughter quitclaimed my moms house to themselves because the daughter is poa. They have given everything in the house away and I don’t know if they cleaned out the bank yet. I know I’m supposed to file for probate but how can they just take from the estate without it belonging to them
2 ANSWERS
3 Awards
You need to immediately hire an attorney who does estate litigation. An agent under power of attorney is not allowed to do anything which benefits themselves; their only actions can be on behalf of the person who is the "principal" (the person who named them).
Answered on Dec 10th, 2020 at 9:51 AM
2 Awards
By theft. A quit claim deed does not transfer title. It only acknowledges that someone quits a claim he may have had to use someone else's property, such as to use someone else's driveway to get to his own property. Hire a local probate lawyer and probate the Will.
Answered on Nov 25th, 2020 at 5:23 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.