Real estate/power of attorney My mom is deceased my dad is living, he has…

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Real estate/power of attorney
My mom is deceased my dad is living, he has alzheimers. My sister has power of attorney. The deed to my parents house is in my name and my neices name. Can my sister have our names taken off of the deed, since she has power of attorney.

3 thoughts on “Real estate/power of attorney My mom is deceased my dad is living, he has…”

  1. Re: Real estate/power of attorney
    no

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

  2. Re: Real estate/power of attorney
    I have read what the other attorneys wrote, and they are correct: if the house was deeded to you and your neice, then you and your neice are the owners. You need to take action immediately to make sure that there is insurance on the house (this is critical!!!), and you need the house taken care of, taxes and mortgage paid. Where is your neice? What do you and she want to do with your house?

    To get some advice as to how to handle the house, you need a smart lawyer. If you want to sell the house, or rent it out, then for that also, you could use the asssitance of a lawyer.

    I would be happy to discuss this, and assist you. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

    My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

    Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

    Robert Davies
    The Davies Law Firm, P.A.
    45 Essex Street, Suite 3 West
    Hackensack, NJ 07601

  3. Re: Real estate/power of attorney
    The only person who can change title to real property is the person to whom the property was last deeded. If that was you and your niece, only you two may deed it to someone else.

    The fact that your sister has power of attorney [“POA”] [I assume it was from your dad at a time when he had mental capacity] does not give her the right to change title to a property owned by anyone other than your dad. She could only deal with property owned by your dad, and only if the POA was a “durable” one. Unless it was expressly stated to be durable, a POA becomes ineffective when the person who gave it dies or loses mental capacity.

    Miriam Jacobson
    Law Offices of Miriam N. Jacobson
    1900 JFK Blvd. Suite 1519
    Philadelphia, PA 19103-1431

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