Legal Question in Wills and Trusts in New York
property sold by siblings with fraudulent power of attorney
mother died 1/30/05 intestate.when question arose about her house I discovered that my sisters had secretly made each other powers of attorney 21 years previously and sold property 8 years ago by appointing each other power of attorney to a ministry under federal indictment for real estate fraud.My sisters refuse to give me my interest in the proceeds.My mother signed nothing only themselves and also my mother was totally disabled by alzheimers which is the excuse they used to appoint themselves power of attorney.Whatdo I do to get my rightful share from the sale of this piece of real estate?
2 Answers from Attorneys
Re: property sold by siblings with fraudulent power of attorney
See a competent attorney ASAP. You may have issues regarding the statute of limitations, so time is of the essence.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Re: property sold by siblings with fraudulent power of attorney
They could not act without your mother's consent, unless there was some formal Court application, in which case you should have been notified. If your mother never formally agreed to what they did, or authorized them to act on her behalf, and if they did this unilaterally and without some Court authorization, it seems their actions are a proper subject for litigation. Do not waste any time retaining a competent attorney and suing them and anyone else in title to get the situation corrected.
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