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POA Sells Land without Ownder's consent or knowledge.

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mythoffire

Junior Member
North Carolina. Is it legal for someone with Power of Attorney to sell property owned by the Granter without the Granter's consent knowing that the granter intended the property to be divided between granter's 5 children upon their death? The Granter has since revoked POA from the individual that sold said property while they still had POA. Though the granter does not have a "Legally Binding" will, the granter did have a written, signed and dated letter stating that the said property be divided between all 5 children in the event of their death and said letter was signed prior to the property actually being sold without consent. POA was held by the eldest of the 5 children and all proceeds from sold property were retained by that individual. It is unknown how much property was sold for or the exact date of sale. POA was revoked by granter recently and changed to a different individual. The former POA attempted to challenge the granter's competency after POA was revoked but the granter was determined competent. What are the legal options available, if any, to the granter regarding this situation?What is the name of your state (only U.S. law)?
 
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Some Random Guy

Senior Member
POA was held by the eldest of the 5 children and all proceeds from sold property were retained by that individual.
The granter of the POA needs to file theft charges with the police. The POA holder has unjustly enrigched themselves by stealing from the grantee.
 

JETX

Senior Member
First, ignore 'Some Random Guy' as his post is 110% Pelosi!! There is NOTHING in the OP that would even suggest theft or 'unjust enrichment'.

Is it legal for someone with Power of Attorney to sell property owned by the Granter without the Granter's consent knowing that the granter intended the property to be divided between granter's 5 children upon their death?
Depends on what 'powers' were granted in the POA and whether the 'grantor' was alive at the time of the sale (your post isn't clear on that).

The Granter has since revoked POA from the individual that sold said property while they still had POA. Though the granter does not have a "Legally Binding" will, the granter did have a written, signed and dated letter stating that the said property be divided between all 5 children in the event of their death and said letter was signed prior to the property actually being sold without consent.
The 'letter' is not binding.

POA was held by the eldest of the 5 children and all proceeds from sold property were retained by that individual. It is unknown how much property was sold for or the exact date of sale.
Why are these FACTS not known?? Go to the county clerk/registrar and get copies of all sale and transfer documents.

POA was revoked by granter recently and changed to a different individual. The former POA attempted to challenge the granter's competency after POA was revoked but the granter was determined competent. What are the legal options available, if any, to the granter regarding this situation?
Simple answer. If the POA granted the eldest son the right to sell the real property, the sale is likely valid and binding. However, if the POA was limited and did not give the eldest the right to sell, the 'grantor' (dad?) should contact a local attorney.
 
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HomeGuru

Senior Member
The granter of the POA needs to file theft charges with the police. The POA holder has unjustly enrigched themselves by stealing from the grantee.
**A: the proper term is Grantor, not granter. And real property issues such as the title transfer are civil issues, not criminal. The police deal with criminal issues.
 

Dandy Don

Senior Member
And also ask an attorney whether North Carolina has laws on the books against abuse of power of attorney. And he needs to prepare a will so that his property will be distributed truly as he wishes--a letter has virtually no power.
 

JETX

Senior Member
And also ask an attorney whether North Carolina has laws on the books against abuse of power of attorney.
Ignore this forum troll... there is NOTHING in the original post to even suggest that there was ANY abuse... of anything!!
 

anteater

Senior Member
Ignore this forum troll... there is NOTHING in the original post to even suggest that there was ANY abuse... of anything!!
While I agree with your characterization...

There is this in the OP's post:
POA was held by the eldest of the 5 children and all proceeds from sold property were retained by that individual.
 

JETX

Senior Member
There is this in the OP's post:
"POA was held by the eldest of the 5 children and all proceeds from sold property were retained by that individual."
And what does that have to do with anything? Clearly, the POA did not include that requirement... and the statement is simply the fact that the POA 'grantee' kept the funds.
 

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