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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116771
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My father passed away on May 22,2015. He had stage 4 lung

Customer Question

My father passed away on May 22,2015. He had stage 4 lung Cancer. My brother was appointed personal rep as stated in the will. 10 days before he passed my brother had papers drawn up saying he was the power of attorney and had it notorized by a notary. At the same time he appointed himself power of attorney, he sold the family home to himself for 5 dollars on the same day. The signature is clearly not my father. My father so ill, he couldn't sign something even if he wanted to. My mother and father was still together and she had no idea he did this behind her back. At the time of death and still today the family home is in his name and my mother is mad. My father stated in his will that he wanted the family home to go to my brother and didn't even mentioned my mother. (I don't know why) I hired an attorney and I do know about the 8 month probate time line in the state of South Carolina. The attorney missed the time line for that but we are getting another attorney to go after them for malpractice. Even though the 8 months has passed the house never made into the estate because my brother sold it to himself before the time of death. I'm helping my mother out and I want to know if she has any rights as to getting he part of her home?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your attorney missed the time frame, all you can do to help your mother is sue the attorney for the damages that your mother suffered because the attorney failed to file in a timely manner. Once you failed to file in time, I am afraid everything is final and you are going to have to now pursue the attorney for monetary damages and that is your sole option. Your mom's rights to her share of the home would have to be compensated in monetary damages from the suit against the attorney for malpractice.
Customer: replied 1 year ago.
I understand what you said but how about the forgery part? Even though my brother was going to get the property in the will, it never made it to the estate. Can we go after my brother for forgery? Do we need an attorney in a different field for this?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he was POA he had the right to sign for your father, he just was not supposed to engage in self dealing as he did. So for that issue, your mom would have to sue your brother for breach of fiduciary duty in self dealing if the home never made it into the estate and she will need a local attorney to sue the brother for the self dealing in breach of his fiduciary duty to your father as PoA. There is a 3 year statute of limitations for breach of fiduciary duty in SC.
Customer: replied 1 year ago.
He made himself POA. My mother did not appoint him to be POA nor does he have any Documents stating that. In the will it states that he is the Personal Representative. He had papers drawn up by himself appointing himself POA and selling himself the house at the same time. What kind of attorney do we need to sue him? Criminal, Estate etc. Just asking so we would know. Thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So this is fraud and breach of fiduciary duty and you need a local estate law or general litigation attorney to pursue him.

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