To set aside the deed you would need to have proof that the deed was beyond the power granted in the POA, or that the POA was invalid for some reason. If the POA was valid, the deed is valid. Technical requirements for a POA vary by state. You would need to get a copy of the POA and have an attorney review it. If the POA is valid on its face, you might be able to set it aside (and therefore the deed) on the basis that it was obtained fraudulently. Be prepared to spend some money on legal fees.
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I am not a MI attorney, laws vary from state to state, therefore you should always consult a local attorney.
A deed can be completed under power of attorney if the POA grants that power AND the transfer was made at the request of the grantor.
Thus, depending on the circumstances, you may attack the transfer on the basis that it is either beyond the scope of the POA or was not authorized by your father.
You may also attack the POA and transfer on other fronts that are recognized in probate court - such as your father was not competent at the time that the POA was given or your sister exercised undue influence over him so that the transfer was not the produce of a free and voluntary decision on his part.
You will need a probate attorney to help you in this.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
If the POA granted the authority to sign deeds or to otherwise convey real or personal property, the conveyance by your sister is valid. POA's can grant unlimited authority to persons unless the language of the POA somehow restricts the right to convey. You need an attorney to review not only the language of the POA but the circumstances surrounding the deed transfer. POA's expire upon the death of the party granting the POA.
So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.
I agree with my colleagues. I would simply add that, even if the POA form authorized the agent to sign real estate documents, I believe that under the limited facts presented, you may have a claim for breach of fiduciary duty, on the basis of self-dealing. This will obviously be hotly contested, so you need an attorney to assist you in trying to have this set aside. I would recommend that you contact John Brennan, who is an outstanding probate attorney, right in your neighborhood. His contact information can be found, here: http://www.avvo.com/attorneys/48080-mi-john-brennan-732376.html
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You obviously have many, many questions regarding what is going on in your father's estate and what has been done. There is also much at risk for you. You definitely need to consult with an attorney to determine whether you may have any standing to try to fight your sister, and what it would be worth to you vs. the costs of fighting her. You will not be able to get satisfactory answers or develop a case strategy by making all these postings here.
Consult with a probate attorney! Feel free to contact me.
In answer to the above questions, no the attorney and notary do not have to answer your questions.
You should be consulting with a local attorney in the area. They will have questions for you to give you the best advise in your case
Steven A Heisler
800 466 0000
Free consultations available. My telephone numbers can be found at: http://www.heisler.org/contact.php You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information