Sacramento, CA asked in Family Law and Probate for California

Q: if 1 sibling has P.O.A. over mom with 6 properties and is neglecting the props. might lose prop. what can i do?

3 siblings 1 has power of attorney me and my sister do not. Me and my sister are afraid the third sibling is running the properties into the ground. Taking sec. mortgages out on them. Is there anything we can do to get the properties or split them up? So we don't lose them? Can we do any of this before our mother passes? The third sibling is not sharing any information with us and is collecting all the rent on all properties and not sharing any properties. What can I do if anything?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, the power of attorney generally contains fiduciary duties. You can make sure that those fiduciary duties are being carried out. If not, he may be removed as the attorney for business decisions.

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