My Brother "In Law" is Durable POA for my Mother "In Laws" estate.in the estate their is a house valued at 350k. He is selling it to his daughter for 220k. 130k below market value. First,Can he do this ?.Second can he do it without the approval or concent from the 4 other siblings.
1 Answer from Attorneys
If it really is worth $350,000, he arguably is breaching his fiduciary duty to your mother-in-law on a couple levels and no, he cannot do this. He may not be able to sign the docs to complete the sale in any case, but you could object lots of different ways. You should at least insist on an appraisal assuming you all would otherwise agree to a sale. You might want to (or need to) petition the court to appoint a conservator and block the sale. We handle cases like this if you would like to call me for a free initial consultation. I hope this helps.
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