Legal Question in Wills and Trusts in Virginia

My Sister is POWER of ATTORNEY-in fact , over my MOM'S Real Estate and Financies.I was WILLED 5 acres of Land, which, I had installed A Water Well and Septic System, With Electricity, which is a Building Site. My Sister , sold and bought my 5 acres, to benefit herself. She only paid 1/3 of what it was worth, she set her own price and says the money went for MOMS Medical Expense. Did she abuse her POA, for self gain.


Asked on 4/28/11, 3:08 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If you mean to say that your mother had a will in which you were suppose to

inherit these five acres upon your mother's death, but that your sister sold and bought them for herself under a POA while your mother was still among the living to pay for the mother's medical expenses, there may be nothing necessarily improper in what you/ve described as these five acres never would've belonged to you if the transaction described occurred before your mother died since a will can only become effective upon the maker's decease.

Bottom line: If the above is true, then you never owned the referenced five acres and your sister could've been authorized under the POA given to her by your mother to dispose of them as she saw fit to pay for your mother's medical expenses.

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Answered on 4/28/11, 8:55 pm


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