Clewiston, FL Estate Planning Law Firms & Lawyers

I assume you are in California. Under this assumption, the power of attorney expired upon your mother's death. Your brother had no power to do anything pursuant to the power after that time. You need to speak with an attorney who handles probate matters, and provide him or her with all the documents you have, so that you can get some advice as to whether it makes sense to proceed against your brother or other person. The fact that your mother passed away 10 years ago may make this very expensive and difficult to pursue (and indeed, may make it impossible due to the statute of limitations), but it is impossible to tell that without a complete review of your situation.

It is tough because she died in 2003. However if probate was never opened and the home is still in her name, open probate and sell the house. Show the loan to the court to reduce your other siblings share. If the house was in a trust that changes things a little but unless you were disinherited in the trust you still have rights. THAT SAID stop waiting years and years. That is going to be your biggest problem.

You should consult with an estate planning attorney about having a durable power of attorney drafted and then executed by you in front of two witnesses and a notary.