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I am the sole heir in my fathers will he named a friend as the personal represenative and POA while he was at her home in hospice she ened up with his car that he recently bought for $11,000.00 and she showed me a reciept that he sold it to her for $1000.00 less than fair market value then took it to be titled in her name and registered and told the DMV she paid only $100.00 is there anything illegal in this picture

Submitted: 225 days and 16 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Milwaukee, United States

Already Tried:
Nothing, I want to know what disqalifies a personal represenative from the legaly in WI. I was told that a personal represenative named in a will cannot gift to herself items listed in a will or can a POA this woman did this when my father was heavily medicated 2 weeks before he died he died of pancreatic cancer.

Answer

Yes, clearly she defrauded the state from the tax monies she should have paid. However, I don't believe that you can do anything about the matter that he sold her the vehicle for $1K less than FMV unless you can get a doctor to state that he didn't have the mental facilities to know what he was doing. Additionally, you might also very well make a claim that she unduly influenced him in the matter and took advantage of the situation. However, that would cost you more than the $1k and alot of time and aggravation - it wouldn't be worth it to pursue. Sorry.

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Expert: Law Pro
Pos. Feedback: 99.0 %
Accepts: 1715
Answered: 3/27/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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