Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

22 Lawyers are Online Now

characters left:

Not a Legal Question?

Question

my brother in law has taken over my in-laws assets, he lives with his mother and his family... what he did is, he took over and has power of attorney for his mother assets..and she wants it thay way, but is there any way we can sue my brother in law for taking over and taking advantage of the situation..

Submitted: 15 days and 6 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Illinois

Already Tried:
guardianship

Posted by Wayne Patterson 15 days and 6 hours ago.

Answer

I'm sorry to be the bearer of bad news but as long as she is competent she can do what she wants. If she gets to the point where she is incapaciated you could file for guardianship which would trump the POA. You cannot sue him since it is her money. However he cannot use a POA to transfer assets to himself, that would be illegal self dealing. If you find out that is happening with real estate deeds, etc then you can step in and do something.

15 days and 6 hours ago.

Reply

do you mean if the mother does not know about any transfers being made,
or if he still transfers money and or deeds.. and shes fine with it.. is it still illegal to do..with the POA

Accepted Answer

She would have to sign for the transfer. He cannot sign a deed giving the property to himself. He can sign to have himself added to the bank account but he would have to show that the money was spent for her benefit.

Accepts:
Expert:	Wayne Patterson
Pos. Feedback:	98.3 %
Answered:	11/5/2009

Attorney

Experienced in Construction Law and Traffic Law

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Law

Have your own Legal question?

Related Law Topics:

Question

Optional Information

State/Country relating to Question: Illinois

Already Tried:
guardianship

Answer

Reply

do you mean if the mother does not know about any transfers being made,
or if he still transfers money and or deeds.. and shes fine with it.. is it still illegal to do..with the POA

Accepted Answer

She would have to sign for the transfer. He cannot sign a deed giving the property to himself. He can sign to have himself added to the bank account but he would have to show that the money was spent for her benefit.

Law

Have your own Legal question?

Related Law Topics:

Question

Optional Information

State/Country relating to Question: Illinois Already Tried: guardianship

Answer

Reply

do you mean if the mother does not know about any transfers being made, or if he still transfers money and or deeds.. and shes fine with it.. is it still illegal to do..with the POA

Accepted Answer

She would have to sign for the transfer. He cannot sign a deed giving the property to himself. He can sign to have himself added to the bank account but he would have to show that the money was spent for her benefit.

Related Legal Questions

State/Country relating to Question: Illinois

Already Tried:
guardianship

do you mean if the mother does not know about any transfers being made,
or if he still transfers money and or deeds.. and shes fine with it.. is it still illegal to do..with the POA