My mom lacked the capacity to sign the power of attorney that my brother had her sign. Then he sold her home using the invalid power of attorney. Can the sell be rescinded?
Probably not. If the buyer was a third party who had no reason to know of the problem with the POA, the buyer would have a good defense. HOWEVER, your brother would be liable for all damages AND the title company MAY be liable.
You need to contact a probate attorney who also knows real estate law. You may need to become your mother's conservator and, as conservator, sue your brother on your mother's behalf.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
How do you know when the POA was signed, or that mom lacked capacity?
You need a probate litigator to look at the entire scenario.
I agree with the answer provided by Attorney Straus . With the limited information provided, your best option is to talk to a probate attorney.
Good luck to you.
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Information provided is for educational purposes only and is not intended to create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline