Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Who are you in relation to the bank, the attorney-in-fact, and the grantor?
So I assume that the bank refuses to honor the power of attorney because the signature does not match the bank's own records. Correct? Is this a durable power of attorney, or a regular power of attorney?
I'm sorry to say that you're going to have to file for a declaratory judgment in court which states that the durable power of attorney is valid, or sue the bank to force it to accept the durable power of attorney. The latter probably makes more sense because you can prove the former in the lawsuit for the latter and kill two birds with one stone. I strongly suggest that you retain a local attorney for this. Unfortunately, this is not a small claims, Judge Judy, type of lawsuit. Also, the attorney may be able to talk to the bank and convince them to accept the durable power of attorney without the need to file a lawsuit.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
You are quite welcome. Please let me know if you need any clarification in the future , or if you have additional questions. I wish you the best.