Legal Question in Real Estate Law in Virginia

My mother signed a Power of Attorney to my older brother before she was diagnosed with Alzheimer's. She was put in a nursing home because of her dementia, and while she was still in that home, my older brother "sold" her 1/2 of the family home to "his wife". The going rate for homes in that area was about $800,000, and he colluded with an appraiser to get a $475,000 appraisal on the property (it was not run down). He then put $200,000 in a bank account for her, representing her 1/2 of the house. She died only a few months later in the nursing home. The home was owned by her and my dad, who was snowballed into selling his 1/2 for the same low amount, which was his choice. This happened in May 2007 (the sale). My mother's estate was to be divided into 1/3's between her children, and is almost settled now. However, it seems obvious that my brother rushed the "sale" of this house and took advantage of the POA to give himself an extreme discount on her 1/2 of the house. Do I have any case against him for this, as ultimately it was robbing her estate?

Asked on 3/02/10, 4:39 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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So, take your issue(s) up with the executor of your mother's estate and the attorney

who (hopefully) has been advising him or her on the probate of the estate.

Answered on 3/08/10, 7:00 am

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