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kathyreed143 · Joined: 14 Dec 2007 Posts: 1 1.34 Dollars($)

My Uncle died and left me his house and my Mother is the Power of Attorney, so how should the deed be worded?

jenkin7 · Posted: Fri Dec 14, 2007 10:27 pm Post subject:

Hello Kathyreed,

Did your uncle prepare a will and name you as the beneficiary to his house?

A Power of Attorney usually becomes ineffective after the death of the granter. So in that case, your mother will not be able to transfer the property using her Power of Attorney.

Niicss · Posted: Fri Dec 14, 2007 11:30 pm Post subject:

If your uncle has a will, it will undergo probate and the ownership rights to the property will be transferred to you.

But if there is no will, you will have to file an Affidavit of Heirship in order to transfer the title in your name.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Kathyreed,

Welcome to this forum.

I agree with Niicss that in case if your uncle has no will, you can file an Affidavit of Heirship and transfer the property.

I think quitclaim deed is not a solution for you as your uncle is not alive to quitclaim the property to you. Better consult with an attorney.

Thanks,
Larry

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.12 Dollars($)

I agree that it has to go through probate to be approved and to give you the go ahead to transfer. You can't do anything until then.

Guest

Hi; I have poa for my mother in law.She also wants me to remove her name on our deed(house)I need to know if I can use a quit claim deed to do so?thanks

adonis · Posted: Wed Jan 13, 2010 11:27 pm Post subject:

Welcome m zoby,

You will be able to use a quit claim deed in order to remove your mother's name from the property deed. Once the deed is filled out, do record it at the county recorder's office.

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