Legal Question in Real Estate Law in Florida

power of attorney stole family's valuable property

I just found out my husbands grandmother had valuable property located on a strip in Miami Florida many years ago. She and her husband had a so called trusted friend they gave power of attorney to handle their property. This friend left for Miami, claimed the propery for himself and as far as I know has never been heard from since. It has probably been sold since then and /or the ''friend'' has died. My husbands grandparents are deceased too. Did he have the power to do that? If it has changed hands does my husband have any rights to the property?


Asked on 9/22/02, 9:44 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: power of attorney stole family's valuable property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It isn't too often that these issues arise, but it would depend on the relationship, and whether the current purchasers are bona fide purchasers for value without notice of the defects. Since there was a power of attorney, then the likelihood is that the sale will stand scrutiny. Therefore, your most likely resource may be to pursue the money received from the sale, to the extent that is possible. Should you desire to further discuss these issues you may contact me directly at (305) 769-3000.

Sincerely,

Randall Gilbert

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Answered on 9/22/02, 1:57 pm


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