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rotanhd

Junior Member
What is the name of your state (only U.S. law)? Texas

Hello All,

Need some info from you guys/gals on Texas Law with POA. Okay here we go...

I will start with a quick background. I have an older brother and sister. We were all three adopted by my grandma and grandpa. I was actually adopted since day 1 as I am the youngest. I am currently 28. My grandpa passed away in 2002 with Cancer. My grandmother is still living but is suffering with dimensia. My uncle (by law my brother) was giving power of attorney. He is really rich but at the same time very cruel. I think he has always thought of us three as black sheep because our mom (his sister) couldnt handle us and she also got in trouble with the law. I am proud to say that we all finished high school and college and are having great lives with out any assistance from anyone. My brother is in his 12th year in the Army and my sister married military. They are both over seas in Japan and Korea serving this fine country. I am still here in our home town so I am the one trying to find the answers.

The Will was set to split all assets 5 ways equally which brings me to problem one. He has kept us in the dark on everything even thought this is our legal mother. My sister cant even call the nursing home to check on her cause he want put us on the list to get that information. Do I have a right to obtain a copy of the Will to see if maybe he has changed things. He could do so really easy in her current state of mind.

Here in the last couple months, he has went on a selling spree. He has sold one house she had ($100,000 dollars) plus her car, had a living estate sale which he didnt even contact us to let us know, and is now selling the house she lived in. We still had our personal stuff in the house and was not given the opportunity to get stuff out so some of our stuff was sold in the sale that wasnt part of the estate. A local police came out and said that only things that belong to my parents were allowed to be sold but the lady had already sold alot of it on ebay. The house that us 3 kids were raised is for sale $135,000 dollars. We have been told our entire life when they died, the money from that house goes between us 3 kids. I can even get her best friend who she talked to daily and is still very healthy to provide a noterized statement that my grandmother had told her the same thing numerous times. Reason being is my grandparents bought both my uncles and my mom new houses when they got married so this house was considered ours. I am very interested in buying and have been for some time. Who doesnt want to raise there kids in the house they grew up in. I tried to buy a year ago when I got offered a rediculous amount for my house because they are building a new addition in my area and wanted to buy me out. He wasnt ready to sale then so I turned down the offer. Now that he is, the contractors are no longer interested in my property. He wants me to pay the same amount as any person off the street which is just a simple slap in the face. I am 28 years old, have a wife and two kids, and only make 65k a year. I pay my bills but dont know if I can afford to buy the house at the price he wants without jeopardizing my familys well being. He has millions so I cant get into a knock down drag out with him with lawyers. We dont know what money they had saved, what all assets they had or what bank accounts they have/had because that stuff was never discussed. Our feelings are he is trying to get rid of everything that way there is nothing to split up. She is currently in a nursing home which I know is running $3500 a month for her care. Is there a way I can make him audit everything he has spent from her accounts so we can have true numbers of what was spent on her and then have a true statement of her assets. I am sure they had money saved as I always remember seeing several statements from different banks coming in the mail. What actions can we take. I have alot more but dont want to bore people away from this post so they dont comment. Please comment and help us out!
 


anteater

Senior Member
Do I have a right to obtain a copy of the Will to see if maybe he has changed things.
No. Prior to your grandmother's passing, you don't have a right to view her will.

What actions can we take.
The agent acting under a power of attorney owes a fiduciary duty to the principal, that is, the person granting the power of attorney. In basic terms, that means that the agent has an obligation to always act in the best interests of the principal.

If my reading of Texas law is accurate, only the the principal has the right to demand an accounting of the agent. From what you have written, your grandmother is not in position to do that. The only way that I can think of to obtain an accounting would be for you to seek guardianship for your grandmother.

I don't see that anything done by the agent even raises the suspicion of violating the fiduciary duty. It may not be the most tactful or even the smartest thing to keep the rest of the siblings in the dark. But there is no duty to consult with or account to the siblings.

Have you received or asked for the proceeds from the sale of your personal property? Certainly, that was wrong, but could be seen as an unwitting mistake. If you do not receive the proceeds, you can certainly take legal action.

He wants me to pay the same amount as any person off the street...
Given his fiduciary duty, that is what he is obligated to do. You, like anyone else, can make an offer.

We have been told our entire life when they died, the money from that house goes between us 3 kids.
Other than what is in the will's provisions, that does not carry any weight.

Our feelings are he is trying to get rid of everything that way there is nothing to split up.
The funds raised by the sale of grandmother's property are still grandmother's and, when she passes away, become part of her estate and subject to her will's provisions.
 

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