Durable Power of Attorney
I need to know if,New York statutory short form Durable General Power of Attorney gives any authority to sell homestead real estate property in the State of Florida.
Durable Power of Attorney
I need to know if,New York statutory short form Durable General Power of Attorney gives any authority to sell homestead real estate property in the State of Florida.
Re: Durable Power of Attorney
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
I have no idea whether your Durable General Power of Attorney would be acceptable having never seen the document but I would guess quite strongly that it will not. A power of attorney to sell homestead property in Florida has to meet certain statutory requirements. At the least, it must be executed with the same formalities that a Deed in Florida is executed including two witnesses and a notary public.
The Power of Attorney must identify with specificity the homestead property to be sold. Accordingly, the address and legal description must be set forth thereon.
I strongly suggest that you consult with an attorney who can review the actual instrument and prepare the proper Power of Attorney if not correct for a very reasonable fee.
Scott R. Jay
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133