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Can my sister who is power of attorney sell my mother's house without my signature?
Anonymous3 views2 answers
She told my brother to ask me to download power of attorney forms and send to her. I thought she could not sell without my signature. She now says she can sell without my signature but my portion would just go to the state in New Jersey. Is this correct? I think this is a load of bull
If she has a valid power of attorney from your mother, then she can act for your mother to the extent set out in the power of attorney.
As far as "your part" going to New Jersey, I have no idea what you're talking about. However, if you mean that your mother is deceased, then a power of attorney isn't going to allow her to act at all. She'll need to be appointed as executor or administrator of the estate.
If the POA allows for the sale of real estate, then if you sister is the exclusive power holder and mom signed this document, the real estate can be sold by her. However, the proceeds can only be used for mom's benefit and your sister does not just get to keep them. She needs to account for them and they are not her monies. You need to immediately retain counsel in NJ challenging this POA and to get a court to remove her as a POA or revoke the power of attorney since it appears as if she is getting ready to steal assets from your mom. Do not wait; get experienced estate counsel involved before it is too late.
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