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Quit Claim and Power of Attorney question

Posted on: 30th Sep, 2008 06:03 pm
hi!

my mother has the town house under her name now and wants to add me through a quit claim deed. my question is, can i use a power of attorney(from my mother with me as executor of her financial matters) to have the quit claim deed executed? i'm not sure if this is allowed.

thanks for any input!
Hi mimi!

Welcome to the Forums!

If you mother does a quitclaim deed is your name, then she will give away the ownership of the property to you. Financial matters are totally different and not included in it. Quitclaim deed only gives you the right to use that property. If you want to help her in her financial matter, then you can go in for a power of attorney. Quitclaim deed is not related to financial matters. However do not forget to record the deed at the county recorder's office.

Feel free to ask if you have further queries.

Sussane
Posted on: 30th Sep, 2008 08:43 pm
Hi mimi!

You do not need a power of attorney for a quitclaim deed. By the quitclaim deed, your mother is actually transferring the ownership of the property to you.

Thanks,

Jerry
Posted on: 01st Oct, 2008 01:53 am
thank you for the responses! actually, my mother just wants to add me to the property through the quit claim deed, not transfer. The reason I'm asking about the power of attorney is because she can't go to the township to actually do the quit claim deed, I have to go in for her hence the power of attorney, which would state that I can act in behalf of her with regards to any of her properties. Do you think this is ok? Thanks again!
Posted on: 01st Oct, 2008 05:09 pm
Posted on: 01st Oct, 2008 07:40 pm
I have a short power of attorney for my mother and Iam currently taking care of her financial matters.My father passed away in May. Now!!! my mother wants to quit claim deed the property 2 me . Can I do this for my mother or does she have to sign? Secondly, my father left her with the mortgage in his name only. What does this mean ? Also, my dad had an executor in his will. Does this mean he has in interest in the property now or does my mother became sole owner because she is next of kin? Thirdly, Do we have to answer to him?
Posted on: 14th Oct, 2009 04:53 am
hi arosamed!

welcome to forums!

as you have the power of attorney, you can sign the quitclaim deed on your mother's behalf. if your mother's name is on the mortgage, then she is liable to pay it off. if the property is transferred to you, then you will have to refinance the loan in your name and pay off the dues. if you stop payments, the lender will foreclose the property.

as there is a will, it needs to be probated first. the executor of the will would probate it and distribute the property according to the will among the heirs. if your father has mentioned the executor as one of the heirs in the will, then he would receive his share of the property after the probate is complete.

feel free to ask if you've further queries.

sussane
Posted on: 14th Oct, 2009 10:55 pm
My husband is in a nursing ohome and on Medicaid. It was said that I should get the home in my name only. I have Power of Attorney for him. Can I sign his name as POA and get his name off the title?
Posted on: 17th Jun, 2010 09:53 am
Hi ginchmt!

Welcome to forums!

If you have a power of attorney on your husband's behalf, then you can sign the deed and get the property transferred in your name. However, transferring of the property now, may make your husband ineligible for Medicaid benefits. You should take the opinion of an attorney in this regard and then transfer the property in your name.

Feel free to ask if you've further queries.

Sussane
Posted on: 17th Jun, 2010 10:09 pm
My mother lives in Texas. She had a massive stroke three years ago. She has sever dementia but still recognizes everyone and has lucid moments. She has not been declared incompetent. My brother has power of attorney and is the executor of the will.Can my brother have the deed transferred to him or have a reverse mortgage taken out on the house. My father passed away years ago and the house is now in her name. My mother can be manipulated by any of us. I do not want this to happen.
Posted on: 17th Sep, 2010 01:25 pm
Hi margaret,

Your brother can get the deed transferred in his name with the help of the power of attorney. If your mother is 62 years of age or more, then she will be able to take out a reverse mortgage on it. However, if the property is transferred to your brother and if he is not 62 years of age, then he won't be able to take out a reverse mortgage.

Thanks
Posted on: 19th Sep, 2010 11:02 pm
I have Power of Attorney over my grandmother, she has a trailerpark and home in her name and holds the mortgage on two other homes. What can I do to get the properties out of her name and in my name. She is getting put nto hospice and has no wil.
Posted on: 20th Mar, 2011 06:40 pm
Hi sherry,

As you've the power of attorney, you can sign a quitclaim deed in your name in order to get the properties transferred in your name. After you transfer the property in your names, then you need to refinance the mortgage in your name.

Thanks
Posted on: 20th Mar, 2011 10:22 pm
my father what put in a home in 2004 and medicaid assist with his nursing home benefits. I am his POA and he is not doing well and has no will. Can I transfer his property into my name as his POA and not jeopardize his benefits? the property is worth less than $30K according to the tax assessment. I have been paying his property taxes. I don't want the state to take the home especially since I have been paying the taxes. He has dementia.
Posted on: 30th Mar, 2012 04:58 am
If you transfer the property in your name, there are high chances that his benefits will be jeopardized. Before taking any further steps, you should contact a real estate attorney and take his opinion in this matter.
Posted on: 02nd Apr, 2012 03:31 am
Have Poa for my Mom, we are in the process of doing a reverse mort. on her home I have sto sing a document relinquishing my interest in the proeprty can I quit claim back to me after reverse mort is closed.
Posted on: 19th Jun, 2012 02:53 pm
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