I am a bit confused by one response i got to my original question - ok -it has been determined that a quit claim deed was signed when the dpoa did not have the right to sign and tht the deed would be set aside or voided - i got that - but we are talking major family dysfunction - why would i want to bring this to the dpoa's attention now so that she could correct it? I found out this info qute by accident - would I not be better off to address it when something happens to my mother (the dpoa) -she is in poor health and 86 yrs of age - Dad will never leave he nursing home unless she is gone and can somehow be awarded his care........
Real Estate Attorney
Fortunately or unfortunately, there is no real estate czar to whom you report improper deed preparation. The way you correct an inappropriate deed is to hire a lawyer and bring a lawsuit to have the improper deed set aside.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
3 lawyers agree
Estate Planning Attorney
There is no advantage to waiting. If your father does not want the house sold, he can revoke or amend the DPOA to remove that power from your mother. That way, when you challenge the transfer which occurred when the DPOA was inert, your mother won't be able to turn around and re-do the transfer. If you feel your father's rights are being violated or he is being manipulated with duress and undue influence, you should report the matter to Florida's Elder Abuse hotline at (800) 962-2873.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.
1 found this helpful
1 lawyer agrees
Criminal Defense Attorney
You need an attorney, and you need one now. These facts are not really enough for me to give an accurate answer. I would need to see the deed and the dpoa as well as investigate the entire situation.
R. Jason de Groot, Esq.,