Weirsdale, FL Estate Planning Law Firms & Lawyers

It depends what the deed says.  Normally a typical Life Estate Deed would not allow the holder to mortgage the property.  An Enhanced Life Estate Deed would usually a mortgage to be placed on the property and would allow the holder to sell the property as well.

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.

Since the POA expires at the time of your father's death, his estate will control the transfer of any property that is deemed to be in his estate. If the property was titled in the name of his trust prior to death, the Trustee would now have the power to transfer title post death. If the property is still in his name at the time of his death, the property will go thru a probate proceeding and the judge will issue a letter of administration appointing the personal representative who at that time will administer the estate and deal with the distribution of assets as well as any homestead issues that arise. It would be advisable to contact a probate attorney to discuss the options you may or may not have at this time.