Atlanta, GA asked in Estate Planning, Identity Theft and Probate for Michigan

Q: My father used my identity on forged paperwork to take over my mom's estate in probate court. Can I take it back?

My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of renunciation, my father pretended to be me and submitted a letter claiming to be from me to probate court and settled my moms estate. i didnt know any of tbe aforementioned until after the fact. is there anything i can do? i.e. get estate back, press charges, both?

2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.

Brent T. Geers and Kenneth V Zichi agree with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: You are confused about how Powers of Attorney work as noted by Mr Harris.

Before you do or file ANYTHING with the Probate Court however, I would strongly urge you to consult with a local attorney.

You can easily end up with more trouble than you started with if you file the wrong thing!

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