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Caregiver Fraud

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ASHEVALLEY

Junior Member
Caregiver Ripping Off Family!!! Help!!!

:( What is the name of your state? Kansas

My Aunt died in California in June of 2006. She did not have any kids. She owned a home in California that was sold in 2005 by her caregiver who signed the title documents as her attorney in fact. There was not a copy of the POA in the Title paperwork. Within 6 months of the sale of my Aunt's home the caregiver bought a new home with over 35000 dollars placed as down payment. I think that she used some of the proceeds from my Aunt's home for the purchase of her new home. The caregiver never told any member of my family that she had sold the home. We only found out this information after my Aunt's death when I did an internet search on the property. Now the caregiver does not want to talk to any member of my Aunts family. We are afraid that she may have had my Aunt sign a living trust naming her as heir. My Aunt also has property in Kansas that we are trying to protect.

One lawyer that we contacted stated that the POA should have been with the Title paperwork. It was not. He stated that this could be a case of real estate fraud. He wants to sue for the entire sales price of the house, since he does not think the caregiver had any right to sell it.

Another attorney thinks that there probably is a power of attorney but thinks we can sue because of undue influence by the caregiver upon my aunt

Which way should I go? Should there be a POA with the title paperwork. Does the POA have to be kept on file for real estate transactions? Can I challenge the trust?
Help!!!What is the name of your state?
 
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