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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 20243
Experience:  30 years experience in the practice of estate law.
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My mother is still living, my brother is the POA, he plans

Customer Question

My mother is still living, my brother is the POA, he plans to sell her home and relocate her, both names are XXXXX XXXXX title. Because he is a primary care giver he feels intitled to two-thirds of proceeds/assets to use to purchase real estate. Is this potentially an abuse of his power with regards XXXXX XXXXX other siblings, seeing this is her only major asset? Washington DC.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

For your brother to appropriate any of your mother's assets for his own would be a blatant violation of the fiduciary duties he owes under the power of attorney. In fact, not only is it a violation of the POA, it is also something for which he could be criminally prosecuted.

I he followed through with this, you could file a petition with the probate court to be remove your brother as the attorney in fact. Additionally, the court could remove him as the attorney in fact and force him to pay back the misappropriated assers along with other damages.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Loren, Attorney
Category: Estate Law
Satisfied Customers: 20243
Experience: 30 years experience in the practice of estate law.
Loren and 4 other Estate Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
   

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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