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POA misuse

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Karen313

Junior Member
What is the name of your state (only U.S. law)? CA
I would like to know how to proceed to prosecute someone for using a Power of Attorney signature on a Real estate transaction after the death of the Grantor....can you point me in the right direction?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? CA
I would like to know how to proceed to prosecute someone for using a Power of Attorney signature on a Real estate transaction after the death of the Grantor....can you point me in the right direction?
Call your district attorney?
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? CA
I would like to know how to proceed to prosecute someone for using a Power of Attorney signature on a Real estate transaction after the death of the Grantor....can you point me in the right direction?
You will need to make a complaint first of all, after which the DA will decide whether there is cause, and whether or not to prosecute.

Honestly? This is one where you really do need to speak with an attorney first.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA
I would like to know how to proceed to prosecute someone for using a Power of Attorney signature on a Real estate transaction after the death of the Grantor....can you point me in the right direction?
Its a police and then a DA matter...assuming that malfeasance was involved.
 

LdiJ

Senior Member
Wow, yes, very important point there. Disagreement with someone's actions doesn't automatically mean that they did anything wrong.
Well...technically anyone that acted on a POA after someones death committed a crime. However, if it was done without malfeasance, and all the heirs receive their share, or the deceased's bills got paid it may not be something that would be worth criminally pursuing.

However if the POA acted with malfeasance, to enrich themselves, then it would definitely be something that should be criminally pursued.
 

Ohiogal

Queen Bee
It also matters if she even has standing to pursue anything. Who is she and what is the full story?
 

Golfball

Member
Would it depend on the wording of the POA and any other associated documentation?

I suppose there is also the question of whether the person acting on the POA was notified of the Grantor's death. (But that may be part of the malfesance bit.)
 

Karen313

Junior Member
POA Misuse

Thank you all for responses and some direction. Was in property settlement with EX, when he died. POA found out about death before me. On same day she had sent me an email saying my EX did NOT want to sell property. I found out about his death, then realtor called saying he received a PDF signed contract from POA! On date of funeral services out of country, POA and myself there, she faxed death cert to realtor in US and called him to be sure he had her address**************
 

Ohiogal

Queen Bee
Thank you all for responses and some direction. Was in property settlement with EX, when he died. POA found out about death before me. On same day she had sent me an email saying my EX did NOT want to sell property. I found out about his death, then realtor called saying he received a PDF signed contract from POA! On date of funeral services out of country, POA and myself there, she faxed death cert to realtor in US and called him to be sure he had her address**************
Who was your ex? An ex spouse or ex lover? What did the divorce state regarding the property? Or weren't you divorced yet? Who had a POA? What country was this? Where is she located?
 

Karen313

Junior Member
POA Misuse

"Bifurcation" (early divorce with Property settlement open) in state of CA. Exhusband moved to europe and established residence there. POA lives in US and is a 3rd cousin of exhusband **************
 

Ohiogal

Queen Bee
"Bifurcation" (early divorce with Property settlement open) in state of CA. Exhusband moved to europe and established residence there. POA lives in US and is a 3rd cousin of exhusband **************
There is no property settlement really to be made. THE POA has no authority. So you let the realtor and everyone else know that the person died and the POA died with him. how was the property titled? Did you two have children?
 

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