Los Angeles, CA asked in Elder Law and Probate for California

Q: Can the sell of a property be rescinded if an ivalid P O A was used and the buyer is not a bona fide purchaser?

Can I rescind the sell of a property? My mom is cognitively impaired. My brother had her sign a P.O. Attorney. He sold my mom's home with that invalid POA. The broker was aware of the POA, knew that the property was going conservativeship and secretly sold her home. The buyer was not a bona fide purchaser. I am still in possession of her home.

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1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.

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