Asked in Real Estate Law and Land Use & Zoning for Texas

Q: What happens next?

Gave my sibling power of attorney of my home to take care of my parents while I was gone but essentially he moved it into his name and stole my house. What happens next and what can be done about this

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: You can sue your sibling for abusing the power of attorney you gave him. As your attorney-in-fact, your sibling owed you fiduciary duties. While the POA protects third parties who relied upon it from claims by you based on their dealings with your sibling pursuant to the POA, it provides no protection for your sibling. Your sibling was required to act in accordance with your lawful directives with absolute loyalty and full disclosure to you.

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