Legal Question in Wills and Trusts in California

The parents of my father in law passed away, one of the 4 kids had power of attorney, and signed over property to another sibling without discussing it with all members involved. Now one siblings trying to serve pay rent or quit. Is this legal ?

Asked on 5/09/13, 7:30 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Without seeing the paperwork and the timing of the property transfer, it isn't possible to say.

A power of attorney, however, cannot be used after the death of the person who granted the power. If the transfer occurred after the death of the person who issued the power, then there is likely a good argument about the attempted eviction.

The only way to handle this is to speak with an attorney. I strongly suggest you contact one at your earliest convenience.

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Answered on 5/09/13, 8:08 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Perry is correct. A power of attorney expires when the grantor of the power becomes incapacitated, unless it is a durable power of attorney, and even then it expires on the death of the grantor. In addition, if the holder of a power of attorney acts contrary to the wishes of the grantor of the power, and that can be proved, the act is only valid as to bona fide purchasers for value; otherwise it is possible to set it aside. You should review this with an attorney right away. If you need referal to attorneys in Bakersfield, let me know.

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Answered on 5/09/13, 11:55 am

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