Rialto, CA asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida

Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my knowledge. Is this legal?

Also, my brothers widow has full control and access to my fathers bank accounts. Her son ( my nephew ), works for Wells Fargo and that is where his money is. I have no idea how much is in his accounts. After my mother passed in 2017 he started to decline in his mental capability. It became worse after my brother passed.

2 Lawyer Answers

A: And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

Barbara Billiot Stage agrees with this answer

A: I agree with Mr. Thorgaard and would add you have to have a lawyer review the deed adding your brother and yourself. Depending on the language of the deed your sister-in-law likely needed your signature to add herself.

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