Legal Question in Wills and Trusts in Michigan
Using Revoked Power of Attorney
A family member has used a revoked POA, in another state, to transfer real estate to a trust that they are in control of. I have current POA(Durable) for my father and he lives with me. The home was not in the trust and Dad had elected to keep control of those funds (he has early dementia) once the house sold for future expenses and he was clear on this. We have multiple emails to back his intentions up. This person was also notified by an attorney that their POA was revoked. This seems criminal. I am on a limited income with Dad helping with groceries only. He pays for his own meds and personal items. Any advice? I can't afford a long drawn out court battle and he can't either.
2 Answers from Attorneys
Re: Using Revoked Power of Attorney
You need to file a complaint to quiet title and for other counts against the family member. Since they are in a different state the proper court would be federal court based upon diversity of citizenship. You can receive attorney fees back as part of your award. Furthermore, I would contact the prosecuting attorney in the county in which the family member lives and speak to him about the case. If the family member receives pressure from the prosecutor then he might do the right thing and comply with you in quieting title.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.
Re: Using Revoked Power of Attorney
You have a serious issue on your hand and you need a lawyer to handle it for you. I wish these things didn't happen to good people but they do.
I would be happy to discuss your options but unless the matter can be handled within the family a lawsuit is your only remedy to correct the problem.
I wish you good luck and please feel free to contact us directly if we can be of any assistance.
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