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My friend, who's incarcerated in Nevada, wants to revoke his…

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My friend, who's incarcerated in...
My friend, who's incarcerated in Nevada, wants to revoke his mother's POA because he recently learned (from his paternal aunt) that his mother (who resides in California) spent a significant portion (allegedly over 200 grand) of his and his brother's share of their late father's estate who died intestate several years ago. Further, his mother had been appointed by a Pennsylvania probate court as the executrix of their father's estate even though they were never legally married. However, they had cohabitated together (in California) and two children were born to their union. My friend and his brother were incarcerated at that time as both gave their mother POA thinking she would set up an account for them and disperse the money accordingly. Instead, my friend believes that she ripped them off as she can't provide a detailed account of monies that were dispersed, tax receipts, or documents in regards ***** ***** estate. Meanwhile, the heirs of the estate (my friend, his brother, their paternal aunt and two uncles) are due to receive a portion of the sale of timber that the estate owns in NC. This has been done several times over several years. My friend reached out to the broker in NC who knew nothing about his friend or his brother. Consequently, in order to receive the proceeds, my friend, his brother, and his mother all have to sign in order to receive the money. My friend attempted to get his mother's POA revoked. But the notary at the facility where he's housed refused to do it on the grounds that my friend didn't have an ID on file. My question is how does he revoke his mother's POA now, and can he get her removed as the executrix of his father's estate moving forward? The estate was settled several years ago in Pennsylvania.
Submitted: 8 months ago.Category: Estate Law
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Answered in 4 minutes by:
11/10/2017
Estate Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,596
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The only way to revoke a POA is for the grantor of that POA to sign a written letter stating that they are revoking the POA granted to the holder of the POA, effective immediately. They then sign and date it in front of a notary and have it notarized.. Then they send a copy ot the holder of the POA (i.e. mother) and also to any financial agencies or people where the holder may have used the POA on the grantor's behalf..

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So he has to get it notarized somehow.. And the no ID doesn't sound legit to me because notaries notarize things all the time for people who are incarcerated...

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thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 8 months ago
He's in the process of revoking the POA
Estate Lawyer: Barrister, Attorney replied 8 months ago

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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