Should someone sign over power of attorney during duress; would their signature be null and void ?

Question

My brother signed over power of attorney in regards to his being executor of my mothers will, at the time he was under extreme duress. Would that make his signature null and void in the eyes of the court?

Answer 1

The answer is possibly. However, I can only assume that you are mistaken in your terminology in that your brother signed a WAIVER of his right to be the executor of your Mother's will. This is not a power of attorney. The question is why does he now want to revoke this waiver -- does he want to be the Executor of the will?. If the new executor is doing a bad job.. your brother can file a motion to change.

Answer 2

If the duress was proven in court, then the signature would be void.

However . . . some people who relied on the signature as being valid may be protected in doing so. That is true even if the signature is valid, but was revoked, if the person relying onit had no way of knowing it had been revoked.

Also, despite what some people think, not all powers of attorney can be revoked. Two examples easily come to mind. One, if the person who signed it later became legally incompetent. Two, if the power is coupled with a consideration. An exmaple is where someone agreed to sell you a car, but you signed a power of attorney allowing them to sign legal documents to retrieve it if you fail to make your payments.

Answer 3

yes! No contract of any kind is valid under duress
But you have to prove duress
Black's Law Dictionary (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]." The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances

Answer 4

Dear Friend,

I think you need to consult an attorney ASAP. I will suggest you to take help from USALegalCare.com. They have the best attorneys for Just $1 a Day. I had a great experience with these people. Try once.
http://www.usalegalcare.com
All the best

Answer 5

Yes, a contract may be voided if it was created under duress. You need to be able to prove duress, though, and courts are going to be skeptical.

Answer 6

i come across it greater effectual if I pass my legs purely precise in my epidermis tight skirt, in front of the different man or woman, that they forget approximately there is even a freelance to sign. I constantly get a greater useful deal this way.

Answer 7

Powers of attorney can be revoked by a document in writing.

Answer 8

Yes, but the difficult part would be proving it - additionally, a POA can be revoked at any time.