Wht can I do if I suspect my sister my recently deceased father’s POA of committing financial fraud and not paying his mortgage?

UPDATED: Jul 4, 2012

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Wht can I do if I suspect my sister my recently deceased father’s POA of committing financial fraud and not paying his mortgage?

For years I’ve asked her to find the Will and probate it. There has also been a huge mess about the house. It was an FHA home my father had built for me and him. Supposedly, the latest mortgage holder, is saying that we “owe them money” but supposedly have never given an amount. FHA swears we have paid it off completely; there was never a 2nd lien or anything. This is coming from her. Now that dad is gone, no Will, no executor, no proof except verbal witnesses that the house is to go to me. I’m at a loss as to what to do.

Asked on July 4, 2012 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for the situation but I think that it is time that you retained an attorney here.  First, a POA dies with the person for whom it was intended (your Dad) so your sister had no authority to act after he died.  If there is no Will then the house is divided as per the intestacy statute unless your state acknowledges verbal Wills (which if it does it is in limited circumstances, like war time).  SO your sister gets a portion of the house.  As for the loan, you need the attoreny to demand documentation and to request the satisfaction of the loan from the FHA.  Good luck.

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