Legal Question in Wills and Trusts in Alabama
Power Of Attorney legal or not?
My nephew was POA over my parents before they passed away he sold their land to himself for $10 which property value is about $400G,my parents had cd's,ira accounts etc.There is a will but it was never probated,and with it being over 5 yrs. it's to late to do that now.I recently got copies of the deeds and they were probated in a different county,my nephew's POA was never recorded at the time he changed the deed over into his name,he has been sneaky and has hidden all of this from me for years.My parents WERE NOT in their right state of mind when this all was changed over,I can get medical records to prove that fact,my nephew being POA was this even legal for him to do?
2 Answers from Attorneys
Re: Power Of Attorney legal or not?
You have raised several issues, each of which could be pursued by you in order to achieve some sense of justice in this matter. In Alabama, all agents who are working under a POA owe the person who granted them the power a duty of good faith etc. From your question it appears that your nephew violated this duty. It should be looked into and all the facts gathered. If he did violate the duty, the Probate Court could overturn every activity he engaged in during that time. You will have to decide for yourselves if it is worth your time and money to pursue this matter. I think there are issues here that are strongly against the nephew. Consult a lawyer of your choice who has experience in Probate Court.
Re: Power Of Attorney legal or not?
sounds like you need to consult an attorney in your area as soon as possible. It may be possible to un-do some of the damage that your nephew has done, but you would probably have to prove unsound mind of your parents at the time that the POA was signed, or undue influence by your nephew.
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