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Power of attorney abuse

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JOSECAST

Junior Member
What is the name of your state (only U.S. law)? TEXAS SO, MY SISTER DECIDED AFTER 10 YEARS OF BEING TO BUSY WITH HER OWN LIFE TO BE APART OF MY DADS LIFE (ABOUT LAST YEAR SOMRTIME), AND NOW SHE TOOK IT UPON HERSELF TO GET POA (without consulting the people who have always taken care of him). RECENTLY, WE JUST FOUND SHE SWITCH THE TWO HOUSES THAT WERE IN MY DADS NAME OVER TO HER NAME AND SHE HAS BEEN CASHING HIS CHECKS. WE FILED TO REVOKED HER POA TODAY AND DUE TO OUR DADS WISHES WE DO NOT WANT TO FILE CHARGES. HOW CAN WE GET THE HOUSES PUT BACK UNDER HIS NAME? SOMEONE PLEASE HELP I HAVE BEEN LOOKING ONLINE AND HAVE FOUND NO ANSWER OF HOW TO PUT THE ORIGINAL HOME OWNER BACK ON HIS HOUSES DUE TO A POA AGENT.
 
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Dandy Don

Senior Member
Talk to a real estate law attorney and/or a family law attorney. Thank goodness you were able to figure out what was going on here in time to stop it.
 

latigo

Senior Member
Pardon me for saying so, but you are wasting away valuable time in this futile self-help effort of trying to resolve the issue of “putting the houses back in your father’s name” by playing around on the Internet! No one ever learned to practice law by surfing the worldwide web.

If your sister should deed the property to a bona fide purchaser for value before you seek professional help and institute an action to impose a constructive trust and file a Lis Pendens, there is no way you can recover the houses. And it could be too late now!

Also, I’m curious to know what you mean by “we filed to revoke her POA today”? Filed where and by whom and under what Texas statute?

Because, unless her power of attorney was coupled with an interest, which is most unlikely, all that would be required is a written Notice of Revocation of Power of Attorney signed by the father that granted the power.

Personally, I would go over father’s head and file a criminal complaint against the sister for embezzlement.

But whatever, GET TO THE ATTORNEY - like yesterday! Snooze and you loose!
 

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