I need to know my rights pertaining to real estate

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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