Wht to do if a POA is abusing his power?

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Wht to do if a POA is abusing his power?

My mother passed away recently and my brother is the executor of the Will and had power of attorney. The Will states that I am to get her house. About 6 days before she passed away, he went and put the house in his own name with a quictclaim deed. What can I do?

Asked on November 27, 2012 under Estate Planning, Tennessee

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Get yourself a probate litigation attorney who can sue your brother to recover the house on the basis your brother abused his POA authority by committing fraud, menance, duress of your mother, in obtaining the quitclaim deed to transfer the title of the house from your mother to himself just before her death. Also, the attorney can petition the probate court to have your brother removed as the executor of the will and to have you appointed, and to seek attorney fees and costs from him and surcharge his share of the estate if he has a share with damages. This is urgent. Take care of this matter.


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