QUESTION

Can my husband use his Durable Power of Attorney to file quick claim deed of his father's land into his name?

Asked on Jul 05th, 2017 on Estate Planning - California
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2 ANSWERS

Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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In California, t here is a presumption that self-dealing as agent under a power of attorney is voidable as a breach of fiduciary duty. Also, if his father lacks capacity to sign a deed himself, the power of attorney he gave your husband may be invalid unless it is a "durable" power of attorney; i.e., survives incapacity. That also raises the question of whether he issued the power to your husband at a time when he had sufficient legal capacity.
Answered on Jul 18th, 2017 at 8:24 PM

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A quit claim gives up the claim to the property by the person filing it, but if the other person involved does not already have some percentage of title, it should not really cause a transfer, although I think some counties might allow it. If his father has already died, there is no power of attorney. Since one having a power of attorney is supposed to act in the best interest of the person giving up the power, a future buyer of the property might be leery of such a self serving transfer of title. Also, you need to check with your local tax collector's office if such a transfer comes under the parent to child exemption.
Answered on Jul 10th, 2017 at 10:37 AM

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