Can I Take Legal action against the Power of Attorney?

[pst100]

My wife's last living parent died August 2007. My wife’s brother was named power of attorney. The family spent a great deal of time and effort to get the estate into a position where it could be sold by January 1, 2008. At this time, the power of attorney has sold everything but the house which is not advertised for sale and he has turned down at least two offers that were made to him (sorry, I don't know the specifics about the offers). Anyway, the power of attorney has said that he is planning on having his son purchase the estate when he raises enough money which will be below market value.

Currently, the taxes are still being paid on the property, the house will have to be heated and the property will have to be maintained until the house is sold. All of which is being paid out of the portions of the easte that were sold.

My questions are:

1. I thought the power of attorney was not supposed to act in his own interests. Am I wrong?

2. Shouldn't there be some sort of competitive bidding process when the estate is sold?

3. It would seem that the power of attorney is not performing due diligence to sell the house. Can I take legal action to force him to put the house up for sale? If so what type of attorney should I be looking for?


Thanks in advance

 

[HomeGuru]

My wife's last living parent died August 2007. My wife’s brother was named power of attorney. The family spent a great deal of time and effort to get the estate into a position where it could be sold by January 1, 2008. At this time, the power of attorney has sold everything but the house which is not advertised for sale and he has turned down at least two offers that were made to him (sorry, I don't know the specifics about the offers). Anyway, the power of attorney has said that he is planning on having his son purchase the estate when he raises enough money which will be below market value.

Currently, the taxes are still being paid on the property, the house will have to be heated and the property will have to be maintained until the house is sold. All of which is being paid out of the portions of the easte that were sold.

My questions are:

1. I thought the power of attorney was not supposed to act in his own interests. Am I wrong?

2. Shouldn't there be some sort of competitive bidding process when the estate is sold?

3. It would seem that the power of attorney is not performing due diligence to sell the house. Can I take legal action to force him to put the house up for sale? If so what type of attorney should I be looking for?


Thanks in advance

**A: you can file a complaint in probate court against the atotrney in fact which is the person ( your BIL) appointed by the POA as the estate executor or special administrator.

 

[BlondiePB]

My wife's last living parent died August 2007. My wife’s brother was named power of attorney. The family spent a great deal of time and effort to get the estate into a position where it could be sold by January 1, 2008. At this time, the power of attorney has sold everything but the house which is not advertised for sale and he has turned down at least two offers that were made to him (sorry, I don't know the specifics about the offers). Anyway, the power of attorney has said that he is planning on having his son purchase the estate when he raises enough money which will be below market value.

Currently, the taxes are still being paid on the property, the house will have to be heated and the property will have to be maintained until the house is sold. All of which is being paid out of the portions of the easte that were sold.

My questions are:

1. I thought the power of attorney was not supposed to act in his own interests. Am I wrong?

2. Shouldn't there be some sort of competitive bidding process when the estate is sold?

3. It would seem that the power of attorney is not performing due diligence to sell the house. Can I take legal action to force him to put the house up for sale? If so what type of attorney should I be looking for?


Thanks in advance

POAs end the moment the grantor dies. If you are talking about the Personal Representative/executor, your BIL, that has been appointed by probate court, then follow HG'S advice.

 

[pst100]

Yea your right. He is the executor of the will. Sorry.

One more question:
What happens if he does sell the propery below market value to his son?

Thanks again

 

[seniorjudge]

Q: What happens if he does sell the propery below market value to his son?

A: Several things could happen (depending on you): nothing, he's asked to cough up the difference, the court could set aside the sale, etc. etc. etc.

 

[HomeGuru]

Yea your right. He is the executor of the will. Sorry.

One more question:
What happens if he does sell the propery below market value to his son?

Thanks again

**A: nowadays, most property is below market.