I need to know my rights pertaining to real estate

UPDATED: Oct 1, 2022

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I need to know my rights pertaining to real estate

Father passed away and mother is in convalesent home but still has wits about her and hasnt been deemed incompetent. My uncle on father’s side has legal P.O.A. and power of estate and has been trying to sell the house. He wanted me out to do so and has been increasingly verbal about such. I expressed I didn’t want to leave and wanted to sell the house to get a smaller place with mom and he didn’t want that. Yesterday cops showed up in force and made me leave. I don’t understand as my mother is still alive and competent how he has the power to do so. What is going on and what are my rights?

Asked on November 17, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An attorney-in-fact or agent (that's what you call the person given power by a POA) has the authority to act for his principal (the person giving him that power). While the agent cannot overrule his principal, he can take whatever actions the POA authorizes (such as selling a house, if given authority over her money or finances or real estate) so long as the principal does not countermand or contradict him. Your mother could stop your uncle if she chose to, but if she does not choose to, he may do this--and can also remove you from the home, so long as she again does not countermand or counteract that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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