How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My husband was made power of attorney fathers estate,many

Customer Question

My husband was made power of attorney for his fathers estate,many years ago, we have just found out that my husband's step brother and his common law wife have purchased my husband's father's house 3 years ago for the sum of £60,000. The estate is worth in the region of £250,000. Surely this cannot be right, giving the fact my husband has power of attorney. This to me is fraud. The estate is in Scotland.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this. Please answer three important questions for me:
Is his father still alive?
If so, notwithstanding the power of attorney in favour of your husband is your father in law mentally capable?
Was he mentally capable at the time of the transaction?
Customer: replied 1 year ago.

Hi

My father in law is still alive, he suffers from diabetes etc

He is mentally capable, but surely my husband should have been consulted, on this issue, being Power of Attorney to his father's affairs, otherwise what is the point of going through this procedure. After all to sell ones valuable home, at such a low price, to someone who isn't family. Surely someone should have contacted my husband on this very serious matter.

I believe he was capable at the time of this transaction, but also he could have been bullied/talked into doing this, due to lack of medication etc etc. My husband is his only child, these other people are not immediate blood family, the man is only a step son.

My apologies for not getting back to you sooner.

Look forward to hearing your expert advise.

Expert:  JGM replied 1 year ago.
Ther is no law that requires an attorney to be consulted just because he is an attorney unless the person is incapable.

However, the fact that they did not, and presumably know of the old man's state of health and the fact that was a power of attorney is indicative that they haven't acted openly and honestly.

Your husband should be seeing a solicitor with a view to having the transaction reduced on the grounds of facility and circumvention. That is a remedy under Scots law where someone in a position of influence has taken advantage of someone in a weak state of mind or body, which can be short of incapability.

I suggest that he takes specific advice on this immediately.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.