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Q: Who is responsible if my POA sold property listed in a court judgment?
I was involved in a civil suit in Texas concerning a breach of fiduciary duty where I won, and the judgment awarded my property back to me. However, prior to the trial, my Power of Attorney (POA) hocked the property without my authorization or knowledge and sold part of it, which was specifically... View More 
John Michael Frick
answered on Jul 13, 2026
answered on Jul 13, 2026
The agent who held your POA and did these actions without your knowledge or consent is legally responsible. If the third party to which he hocked or sold it also knew that he was acting without your knowledge or consent, that third party could also be liable.
Q: Who is responsible if my POA sold property listed in a court judgment?
I was involved in a civil suit in Texas concerning a breach of fiduciary duty where I won, and the judgment awarded my property back to me. However, prior to the trial, my Power of Attorney (POA) hocked the property without my authorization or knowledge and sold part of it, which was specifically... View More
Carey Worrell
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answered on Jul 13, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2026
Answer:
This is a complex situation involving multiple legal issues—a breach of fiduciary duty by your POA, potential fraud or unauthorized sale, and property disposition that conflicts with a court judgment. These matters often require investigation and careful... View More
Q: Who is responsible if my POA sold property listed in a court judgment?
I was involved in a civil suit in Texas concerning a breach of fiduciary duty where I won, and the judgment awarded my property back to me. However, prior to the trial, my Power of Attorney (POA) hocked the property without my authorization or knowledge and sold part of it, which was specifically... View More
Sharita Blacknall
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answered on Jul 14, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2026
A power of attorney gives the agent authority to act for you. It does not give the agent ownership of your property. If the agent pawned or sold your property without authority and kept or misused the money, the agent may be personally responsible for breach of fiduciary duty, conversion, fraud,... View More
Q: How can I keep my Texas house from going through probate?
I am a resident of Texas and want to ensure my house does not go through probate after my death. I have a will that designates my daughter as my only heir to inherit everything, including the house, which still has a mortgage. What steps should I take to keep the house out of probate?
John Michael Frick
answered on Jul 13, 2026
answered on Jul 13, 2026
You can do a TODD (transfer on death deed) or a Lady Bird deed. But why? You already have a Will. Presumably you have other property being disposed of by the Will. Probating a Will appointing your daughter as your sole independent executor is going to cost the same whether the house is part of your... View More
Q: How can I keep my Texas house from going through probate?
I am a resident of Texas and want to ensure my house does not go through probate after my death. I have a will that designates my daughter as my only heir to inherit everything, including the house, which still has a mortgage. What steps should I take to keep the house out of probate?
Carey Worrell
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2026
Answer:
A will alone won't keep your house out of probate in Texas. However, you do have options available to you.
In Texas, the most common ways to keep real property out of probate are a Transfer on Death Deed or placing the house in a trust. Each approach has different... View More
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