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Can a quit claim deed be signed by attorney in fact while other person is alive?

Saint Clair, MI |

my sister has presented a quit claim deed, signed as attorney in fact, on my fathers property, notorized in another state tx, registered in county of property, document was signed 8 months before he passed. she has taken everything, with no notice, no estate has been opened with probate. quit claim, county said they do not have to provide proof, to register quitclaim.

I dont believe, she has a legitimate DPA, how to get a copy of DPA ? Is the lawyer on documents, would he be able to answer my questions, I think she had it drawn up, but father wouldnt sign, Deed recording in Mich , required no documents, I know she made appt, with notary when he was in hospital in Detroit, previously months prior, he had discussed over email, what should be done, but I dont believe any formal documents were made. She carried a clip board, at hospital, to try to get something signed, when he was coherent for a few weeks, but afterwards, he suffered brain damage, and told my mother, she had nothing formal, I live in CA, sister in TX

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Attorney answers 6

Posted

To set aside the deed you would need to have proof that the deed was beyond the power granted in the POA, or that the POA was invalid for some reason. If the POA was valid, the deed is valid. Technical requirements for a POA vary by state. You would need to get a copy of the POA and have an attorney review it. If the POA is valid on its face, you might be able to set it aside (and therefore the deed) on the basis that it was obtained fraudulently. Be prepared to spend some money on legal fees.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

I am not a MI attorney, laws vary from state to state, therefore you should always consult a local attorney.

A deed can be completed under power of attorney if the POA grants that power AND the transfer was made at the request of the grantor.

Thus, depending on the circumstances, you may attack the transfer on the basis that it is either beyond the scope of the POA or was not authorized by your father.

You may also attack the POA and transfer on other fronts that are recognized in probate court - such as your father was not competent at the time that the POA was given or your sister exercised undue influence over him so that the transfer was not the produce of a free and voluntary decision on his part.

You will need a probate attorney to help you in this.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

If the POA granted the authority to sign deeds or to otherwise convey real or personal property, the conveyance by your sister is valid. POA's can grant unlimited authority to persons unless the language of the POA somehow restricts the right to convey. You need an attorney to review not only the language of the POA but the circumstances surrounding the deed transfer. POA's expire upon the death of the party granting the POA.

So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.

Posted

I agree with my colleagues. I would simply add that, even if the POA form authorized the agent to sign real estate documents, I believe that under the limited facts presented, you may have a claim for breach of fiduciary duty, on the basis of self-dealing. This will obviously be hotly contested, so you need an attorney to assist you in trying to have this set aside. I would recommend that you contact John Brennan, who is an outstanding probate attorney, right in your neighborhood. His contact information can be found, here: http://www.avvo.com/attorneys/48080-mi-john-brennan-732376.html

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

You obviously have many, many questions regarding what is going on in your father's estate and what has been done. There is also much at risk for you. You definitely need to consult with an attorney to determine whether you may have any standing to try to fight your sister, and what it would be worth to you vs. the costs of fighting her. You will not be able to get satisfactory answers or develop a case strategy by making all these postings here.

Consult with a probate attorney! Feel free to contact me.

In answer to the above questions, no the attorney and notary do not have to answer your questions.

Posted

You should be consulting with a local attorney in the area. They will have questions for you to give you the best advise in your case

Steven A Heisler
800 466 0000
www.HEISLER.org

Free consultations available. My telephone numbers can be found at: http://www.heisler.org/contact.php You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information

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