QUESTION
Can a POA be used for a Quit Claim Deed?
Asked on Oct 28th, 2014 on Trusts and Estates - California
More details to this question:
My wife's mother signed a notarized POA in July with my wife as her agent. This supersedes a POA signed in 2012 with my wife's sister as the agent. Is is possible for my wife as agent to file a quit claim deed for a property in her mother's trust?
2 ANSWERS
4 Awards
If the 2nd POA is validly executed and is clear about the powers it provides, then the properly nominated POA can file a deed.
Answered on Nov 04th, 2014 at 12:24 PM
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Most likely, yes. You need to be certain that the power of attorney is a general power of attorney for finanicial management, is immediately effective, and does not provide limitations on the agent's power to convey real property. Your wife should only do so if she is exercising this power in a fiduciary capacity (not self-dealing, for example). You will need to record the power of attorney as well.
Answered on Oct 29th, 2014 at 12:22 PM