Legal Question in Wills and Trusts in Virginia

My fathers wife was convicted for stealing a large amount of money from her employer. She has been in jail for a year now and we have been informed that she signed over power of attorney to her sister. Does this prevent him from selling their house and belongings or does the sister have the right to block this? Also in the time that my dads wife has been in jail he has fallen behind on bills due to her massive debt and he recently lost his job. Now the mortgage is behind and he can't make ends meet. Is there any kind of assistance available for this type of situation?


Asked on 7/25/11, 10:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, whether or not the wife had executed a POA, without her signature (or that of the person authorized to sign for her) on the documents necessary to sell the marital home, such a sale would not happen.

As for the latter question, your father should be contacting the lender

to see whether a renegotiation of the existing mortgage

might be possible.

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Answered on 8/21/11, 10:08 am


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