Legal Question in Real Estate Law in Virginia

Re: Power of Attorney get proceeds from home sale

One might reasonably conclude that it would be very unlkely that the terms of what is presumably a limited POA would permit the mother's brother to retain the proceeds of the sale of the home for his own use. (Otherwise what would be the point of the POA in the first place?)

Consequently, one should be able to assume with confidence that the attorney in fact for the POA(meaning the brother)is indeed legally obligated to turn over the proceeds from the sale of the home to the person so-designated in the POA which is presumably his sister or your son-in-law's mother.

Re: Power of Attorney get proceeds from home sale

Generally, the person having power of attorney (brother) has only the power to sign documents--not the right to keep the money. If only the mother was on title, the money should have gone into her bank account or as she otherwise instructed.

Re: Power of Attorney get proceeds from home sale

Unless there are some really odd fact, the son-in-law has a fiduciary obligation to turn the money over to the mother. Probably also had a fiduciary obligation to preserve and not dissipate the assets (why did he sell the house?)

You asked what steps need to be taken:

you need to: 1. retain a lawyer; 2. lawyer needs to demand return of the money; 3. if the money is not returned you need to file a lawsuit.

(note: if you already know that the money is being taken exclusively by the son-in-law you may be better off skipping step 2 because there are things you can do to stop him from spending it if you know where it was deposited --- i.e. you may be able to get a temporary freeze on those accounts (they call this a prejudgment attachment).