Can someone with a temporary Power of Attorney over an estate charge rent tosomeone that the property hasalready been deeded to?
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Can someone with a temporary Power of Attorney over an estate charge rent tosomeone that the property hasalready been deeded to?
The uncle received temporary POAafter contesting the granddaughter’s POA. The grandmother deeded the home to the granddaughter years before her dementia but the uncle and his attorney are telling the granddaughter she now needs to pay the uncle monthly rent. Is this legal? How can it be disputed?
Asked on August 19, 2010 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When you say "estate" you mean the property of the party who owns the asset and not "estate" as in the estate of a person who has died, correct? Because a POA dies with the person for whom it is in place. So your Uncle would have no power unless he has been appointed as the personal representative of the estate of your Grandmother, who is dead. Second, was he appointed by a Court? Because if your Grandmother had dementia she could not validly execute the new POA. The Granddaughter needs to hire an attorney as soon as she can. It sounds like they have moved to set aside the transfer, or are in the process of doing so and she needs to fight them tooth and nail, so to speak. I would not pay them anything at this point in time. If the grandmother deeded her the property and was of sound mind when she did so she is the owner. Good luck.
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