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?
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.
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!
— this answer is offered for information only and dies not constitute legal advice or create an attorney-client relationship. Please seek local representation if you have questions!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.