Legal Question in Wills and Trusts in Michigan
power of attoney
my sister is power of attorney over are dad,He has a house in arizona and she wants to buy it and can she buy it from underneith to other siblings. do i have to sell my section.she is picking the price and i belevie it is worth more than she wants to pay
seeing she is the power of attorney and I beleive she is spending my dads money on things for herself and family is there any thing i can do about this he has a lot of money
can she do the things she is doing bye buying stuff with my dads money and what can i do to stop her
3 Answers from Attorneys
Re: power of attoney
This scenario sounds very confusing and fact intensive. A consultation with a Probate attorney would probably help you get the answers you are looking for.
Re: power of attoney
you would need to file for a conservatorship in Michigan, assuming that is where your dad is located. From there a probate judge could oversee your dads estate. Contact me at www.kliszlaw.com to discuss. Tim Klisz
Re: power of attoney
Your sister is preparing to engage in self-dealing under a power of attorney. As your father's agent, she is generally prohibited from engaging in self-dealing unless the document grants her that authority. Even then, the actions that are self-dealing could be scrutinized and potentially set-aside. Many title companies will not insure title conveyed by a power of attorney that is self-dealing. A conservatorship will certainly stop the process, but there are other remedies as well.
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