Legal Question in Criminal Law in Arkansas

Power of Attorney Fraud

My mother passed away in January of this year. I was her only daughter that she was leaving everything to. She had a will but misplaced it and said you are my only daughter and everything will go to you. My husband and I tried to explain to her that everything would go to probate if she did not have a will or Power of Attorney. A so-called friend has forged my mother's name to a Power of Attorney and two days before my mother passed away owned my mother's land and all personal items. I have notified the prosecuting attorney of that City and he continues to ignore me. I have contacted the State Attorney General's Office and I was told if in fact my mother's name is forged we have a criminal case. I am waiting on documents from the Veterans Administration with my mother's signature on them. My mother was cremated and I do not know where her ashes are and my Dad was cremated nine years ago and his houses were in what was my mother's home. Three attorneys in that state have told me their caseload is too large to take my case. Please assist me. Kay


Asked on 4/06/04, 1:50 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Power of Attorney Fraud

I would need more information on this case. A power of attorney (even if forged) would generally not give anyone the power to take possession of one's property for themself. They would normally only have the right to take care of the person's expenses and property to be sure their debts were paid and property taken care of. So I am not sure what exactly happened in your case.

Was your mother married at the time she passed? Does she have any other children besides you? In AR, if she had no will, all her property would pass to her spouse and children and grandchildren of deceased children, with very few exceptions.

As far as fraud, you need some strong proof to be able to prove this.

Please send me more details of the situation by email if you are interested in more help.

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Answered on 4/06/04, 4:18 pm


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