QUESTION
In CO, can a durable POA sign a quit claim deed while patient is actively dying/non-responsive,then record said quit claim deed weeks after his death?
Asked on Dec 31st, 2021 on Estate Planning - Colorado
More details to this question:
POA that was not on the deed to decedent's property, signed a quit claim deed to take decedent's real property from joint tenants with right's of survivorship to tenants in common (no right of survivorship), 72 hours prior to decedent's death. The POA signed the quit claim deed after 4 days of the patient being in a non-responsive, actively dying state which was 3 days prior to passing. The POA has no evidence the decedent asked for him to do this. The POA then recorded the quit claim deed with the county severing the survivorship 3 weeks after decedent's death. Will this quit claim deed hold up in court?
1 ANSWER
As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action. Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.
Answered on Jan 04th, 2022 at 4:36 PM