If a home is willed to me do that make me the owner...and what lagel rights do i have when another person is power of attorney
Elizabeth, NJ |
i put 40,000 in renovation thinking the house is left to me in the will meaning my name is on the deed. i asked how much is taxes she tell me dont worry about that. cuz my aunt will make payments. now how is that if im suppose to be left the home
Much more information is needed. Has the will been probated yet?
Benjamin G. Kelsen
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Just because your name is in the will does not mean your name is on a deed or that you will receive the house. You should go see a lawyer on this issue to help tell you where you stand.
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Not to be cold but did the person leaving you the house expire? If not the will can be changed at any time. If the person leaving you the house has expired the power of attorney no longer exists. If he/she is still alive then the power of attorney is valid.
Based on the information you provided, one cannot determine if you are the owner of the property. If the property owner is still alive, your interest is not "vested", and his/her will can be changed at any time, removing you from future ownership. If, on the other hand, the owner passed away already and the will indicates that you are to receive the house, then you need an attorney to prepare the necessary documents for a deed transfer (the executor/trix will need to sign these documents).
The owner may have put your name on the deed (which you can check through the local Court Clerk's website). It is also possible that the owner put someone else's name on the deed, in which case any directions in the will could be a nullity.
Assuming you have not come into legal ownership at this point, you should meet with an attorney. You could have secured your $40,000.00 investment with a mortgage on the property and a note against the owner. This would protect your $40,000.00 in the event the will was changed or the deed was changed prior to the owner's passing.
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