Q: Can someone use a POA to sign over 100% of land from parents to just one of the siblings ?
My brother had my aunt Susan sign over 100% of my mothers land to just my brother without my knowledge. He just passed away and his son is his only heir and is selling the land without a probate, using an affidavit of heirship. I was told once that they couldn't do that, they had to give me my part. They are closing the land now and 100% will go to his son(who he has never known or met, he moved away 30 yrs ago, but want the money now.
A:
If Aunt Susan was named as the attorney-in-fact for your mother in a POA signed by your mother and that POA gave Aunt Susan the power to dispose of real estate owned by your mother and Aunt Susan conveyed that real estate to your brother before your mother died, it would be a valid conveyance. Your mother, Aunt Susan, and your brother were under no obligation to tell you about the transaction.
Now if the facts are different, the result may be different. For example, if your mother died before Aunt Susan conveyed the real estate to your brother, your mother's POA ended upon her death. Your mother's real estate would then pass to the heirs named in her Will or, if she didn't have a Will, or her heirs at law. In that event, Aunt Susan's conveyance to your brother would not effectively convey title.
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