QUESTION
Can my husband put his name on the deed of his brother's condo if he has a POA over his assets?
Asked on Mar 23rd, 2013 on Estate Planning - Texas
More details to this question:
My husband has a power of attorney over his brother's assets. His brother owns a condominium in South Carolina. Can my husband put his name on the deed with him?
14 ANSWERS
That depends on the language of the POA. If it authorizes him to deed properties, he can do it. But, he may face claims from other heirs or beneficiaries.
Answered on Apr 01st, 2013 at 2:28 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Not unless the power of attorney explicitly allows this. A power of attorney generally does not include the right to make gifts on behalf of the principal.
Answered on Mar 26th, 2013 at 11:38 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He could, but it would be awfully suspicious and may be a breach of his fiduciary duty to his brother.
Answered on Mar 25th, 2013 at 2:51 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Whether he can do this or not depends on what the power of attorney says. Most POAs say the attorney in fact cannot benefit himself/herself. You need to have an attorney review the power of attorney so your husband doesn't get himself in legal trouble.
Answered on Mar 25th, 2013 at 2:51 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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As long as the power gives him that power.
Answered on Mar 25th, 2013 at 2:47 PM
Maybe. It will depend on the exact language of the Power of Attorney and, after appropriate legal analysis, this would not be a violation of your husband's fiduciary responsibilities. Before he undertakes any such action, he should consult with an attorney who specializes in estate matters.
Answered on Mar 25th, 2013 at 2:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, as what you are suggesting, requires a specific power of attorney, identifying the property, describing the property, assesors parcel number; best to have the person who owns the property grant the property from himself to himself and his brother.
Answered on Mar 25th, 2013 at 2:45 PM
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No. It is self serving and will not be legally recognized.
Answered on Mar 25th, 2013 at 2:45 PM
Thomas Edward Gates
No. He is responsible for his brother's financial dealing and any act must be for his own good. Adding his name is self-serving and not to his brother's best interest (e.g., giving away 1/2 interest in the condo).
Answered on Mar 25th, 2013 at 2:44 PM
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Maybe, it depends upon what the power of attorney authorizes and what it does not. He may be violating a fiduciary duty to his brother and be opening himself up to liability. In Nevada it is a mandatory double damage on top of what is taken. If the condominium would pass to another, ie under the brother's Will or intestate law he would be setting himself up for liability under Nevada law. You do not state what state's law the power of attorney was given, so you need to check that state in addition to South Carolina. Thus you may need to consult attorneys in both of those states.
Answered on Mar 25th, 2013 at 2:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is probably not something he should do, unless there are lots of other facts. If your husband was the only heir of his brother, it would make it a little easier to say yes. Same thing if the brother's Will says everything goes to your husband. If a court approved it. More information is needed.
Answered on Mar 25th, 2013 at 2:43 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Basically a question of South Carolina law. However, basic common law would say, does brother have a reason why this should happen? Power of attorney only allows you to do those things that the principal would do if he were able not what you want, or think is right, but what the principal wants.
Answered on Mar 25th, 2013 at 2:43 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Technically he could, but legally he should only do what the brother wants and is in the brother's best interest. If your husband is the only one to benefit from the transaction he may be violating civil and criminal laws.
Answered on Mar 25th, 2013 at 2:40 PM
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Yes, however, he has to be doing so at either the direction of the brother, or for the brother's best interest. A power holder has a fiduciary duty to the power grantor.
Answered on Mar 25th, 2013 at 2:38 PM