Will I loose My Land
My father has about 50 acres of land, and two sons. He has recently been diagnosed with severe memory loss and Alzheimers. My father gave Financial Power Of Attorney to my older brother. In the event of his death or he has to go into a Nsing. Home with no deeds will we loose our land? What do we need to do if anything?
Re: Will I loose My Land
First, you should know that the Power of Attorney expires automatically when your father dies. That aside, if the property it properly titled in his name (assuming there is no will and no other heirs), you and your brother will inherit the property equally. I would advise you to consult with a local attorney because after discussing this matter with you, other questions may arise.
Charles W. Field
Charles W. Field, Attorney at Law
911 Duluth Hwy., Ste. D-3211
Lawrenceville (north Atlanta), GA 30043
Re: Will I loose My Land
I read Charles Field’s response (we talk about this bbs sometimes) and I agree with his respose. Memory loss sometimes comes and goes. if your father comes out of it (a period of lucidity) see if you can get proper deeds executed and/or a will (he MUST be competent to make a will or you create another problem). There is a durable POA at
http://www.woodandmeredith.com/forms/index.html
you might want to read –though it wont solve all your problems. Sometimes if the title is clear and mom or dad is (well, not quite here) I have had good luck with an Affidavit of Title. I think you need a local real estate or probate lawyer to assist you — and it will be much cheaper while he is still here. HCW
Hugh Wood
Wood & Meredith
3756 Lavista Road, Suite 250
Atlanta (tucker), GA 30084