QUESTION
Can I ask power of attorney to show me documents of real estate?
Asked on May 30th, 2013 on Estate Planning - Colorado
More details to this question:
My father said that he was going to leave me a house. My cousin who is an ex lawyer and ex judge is his power of attorney. My 88 year old father is very sick! The power of attorney has not had a conversation or shown me documents on the house. I have two older sisters and when my mother passed sold the property and did not give me anything. My father knows that and the power of attorney knows that fact also, that's why my father wants to leave me the house and I do not want it sold.
13 ANSWERS
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Seek the assistance of a probate lawyer to assist your father in the revocation of the power of attorney, convey the house to you and him as joint tenants or make a will designating you as the sole beneficiary.
Answered on Jun 04th, 2013 at 1:21 AM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
You need to hire an attorney. There are some serious issues here.
Answered on Jun 04th, 2013 at 1:21 AM
Business Law Attorney serving Livonia, MI
at
Gerald A. Bagazinski
Update Your Profile
You may have to wait. The power of attorney is not under any obligation to share the father's estate plan with you.
Answered on Jun 04th, 2013 at 1:21 AM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
The power of attorney does not give your cousin a legal obligation to show you the documents or talk to you about your father's estate plan. And as an ex-judge, your cousin has had plenty of practice at keeping other people's information confidential. The fact that your cousin has not talked to you does not mean they are being sneaky or dishonest. If you need some assurances about this situation, you should talk to your father and ask him to instruct your cousin to share this information with you.
Answered on Jun 03rd, 2013 at 10:14 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You have a number of issues going on, here. I am not sure what you are asking when you say "show me the documents of real estate." If you are asking about the deed, this is part of the public record, and you do not need anyone else to show you this. You can get your own copy from the register of deeds. The larger issue is that the agent under the POA has authority to sell the real estate, provided it is in your father's interest to do so. If it is in his interest that it be sold, then I am not sure what right you would have to stop a sale. You might be able to purchase the property yourself. Depending on the situation, there are likely other options, as well. You may need to consult with your own attorney to determine how best to proceed.
Answered on May 31st, 2013 at 12:25 PM
Yes, you can ask but you should do much more immediately. Go immediately to an attorney and get advise on how to assure that you get the house.
Answered on May 31st, 2013 at 12:24 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You can always go to the recorder's office and find out how the property is titled. If your name is on it as a joint tenant, then the house will go to you. If it is not, then it depends on whether your father prepared a will leaving it to you. You have no right to see the will before he is dead. You also have no right to see the power of attorney.
Answered on May 31st, 2013 at 11:09 AM
2 Awards
Since your father is alive, you are not entitled to see anything. HOWEVER, I strongly encourage you to start interviewing attorneys to help you upon his passing as it sounds like you will have problems and will need protection.
Answered on May 31st, 2013 at 11:09 AM
What you want may not be relevant. If the house needs to be sold to pay for ongoing bills, it needs to be sold. You can buy it. The records regarding the title to the real estate are public record and available at the county recorder's office. when your Mom passed you may not have been entitled to anything. If she had a will (which had to be filed in the court of the county where she died) and house was in her name alone, the will controls. If the house was ion joint tenancy with Dad, then the house passed to Dad and you get nothing.
Answered on May 31st, 2013 at 11:08 AM
3 Awards
You can always ask, but he does not need to share that information with you.
Answered on May 31st, 2013 at 11:07 AM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
The agent can do whatever the principal, your father, can do. And he does not have to show you anything. He does owe your father a fiduciary duty to handle his affairs as he knows your father would do so you may be able to make a claim that he is not doing that.
Answered on May 31st, 2013 at 11:07 AM
The agent in your father's Power of Attorney does not have to show you any real estate documents. However, if you believe that the agent is not acting properly, you can ask the Court to review the agent's actions and possible remove the agent.
Answered on May 31st, 2013 at 11:07 AM
Your father's documents are a private matter between him and his attorney. Your father is the only one who can share the documents with you while he is still living.
Answered on May 31st, 2013 at 11:07 AM