QUESTION
Do all property owners need to sign over power of attorney document?
Asked on Aug 29th, 2013 on Estate Planning - California
More details to this question:
I am the son of a mother that is now deceased. Her brothers have always said that part of my grandmother's house was mine. The title of the house has always been in my grandmother's name until last year. It now has one uncle's name and "et al." Looking through some county tax records online that there was a document filed that has one of my uncles giving Power of Attorney to another uncle (who is listed first on the title before et al.). They all live in another state. I called that state to see who all makes up et at. On the deed but they say that I would have to go down there to look at the records (it is a small county). Additionally, these uncles have asked (the same year power of attorney was given to one uncle) that I sign a doc. allowing the refinance of the home and that they would pay me in escrow. I told them no way. I have never heard from them since. I do know that one uncle lives in the home. Can those uncles sell or make decisions on the house without me?
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. If you di no give them a power of attorney, they have no right to act on your behalf.
Answered on Oct 15th, 2013 at 1:22 AM
2 Awards
Your situation is very complicated. Power of Attorney EXPIRES on death so I am not sure that any transfers under a power of attorney are valid. I strongly suggest you contact an attorney to review title and properly advise you.
Answered on Aug 30th, 2013 at 4:48 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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There is no evidence that you have any interest in the house. Hire an attorney in that county who can advise you; you may want to get a title search completed to see if you have any interest in the property at all.
Answered on Aug 29th, 2013 at 3:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Anyone can give anyone else power of attorney. All that does is appoint someone else to act for the principal it doesn't extend anyone's rights, it just delegates some of A's rights to B. So one owner of property can name another power of attorney to exercise his rights in the property. You're right, you need to know who is "et al." Either your name is on the deed, or not. If not, trace back how you expected to get title through probate?
Answered on Aug 29th, 2013 at 3:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to get an attorney who lives where the property is to get a handle on what is going on. You can't do anything without the facts.
Answered on Aug 29th, 2013 at 2:49 PM
Thomas Edward Gates
One cannot transfer Power of Attorney to another. Only the originator can selected their Attorney-in-Fact. So, the deed may be invalid. Depending on the state, the selling of real property may only take one party agreeing to sell. The individual living in the home should be paying rent into a fund to cover insurance, property taxes, and maintenance. If you check, they probably refinanced without your signature.
Answered on Aug 29th, 2013 at 2:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no way of answering your question without seeing the documents in question. It sounds like the house is jointly owned by all of you. Refinancing may or may not make sense, depending on the details. If it was simply to get a lower interest rate, then I would encourage it, since it will save you money. If it was to draw out equity, then that would be another matter. There is nothing inherently wrong with a POA, since this would allow the uncle in state to take care of property matters. It would not allow them to sell the property without your consent or without providing you your share. Practically, keeping the house has costs. There is the mortgage, as well as taxes and insurance and upkeep. If you are not sharing in those costs, then it is not clear what your situation is. You should review the deed with a lawyer and determine how to proceed.
Answered on Aug 29th, 2013 at 1:59 PM
3 Awards
If you are on title then you would need to sign or authorize another through a power of attorney. It probably pays to hire an attorney where the property is located to advise you on the status and suggested next steps.
Answered on Aug 29th, 2013 at 1:37 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate litigation lawyer in the area where the subject property is situated to investigate for you, then sue to obtain your rightful share of the estate.
Answered on Aug 29th, 2013 at 1:24 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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As long as your name is on title to this property, your uncles cannot sell, refinance or take any other action that would affect your interest, without your consent. However, any co-owner has a right to file a partition action in court, forcing the liquidation of all co-owned interests. You need to determine whether your name is shown on the current vesting deed for this property. The odds are that you would not have been asked to consent to a refinance, if your name was not on title.
Answered on Aug 29th, 2013 at 12:57 PM