If my sister and I have durable POA over my dad who has Alzheimer’s, can we quitclaim deed his house to us?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my sister and I have durable POA over my dad who has Alzheimer’s, can we quitclaim deed his house to us?
Also, he is single but his ex has a Will from before they got married in ’02. He had her name taken off of the house in ’08. Can she claim the house if he dies? Can the lawyer who has been helping my father with a lawsuit put a lein on the house?
Asked on October 17, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Oh my. You need to get help from someone but you already seem to have concerns about one set of legal fees. First, yes, you can transfer the house in to your names but it can not be adverse to anyone else's rights. Other siblings come to mind here. Now, also, you raise this red flag about the house and his ex. What do you mean that he "had her name taken off" the house? And what does her Will from before they were married have anything to do with anything or the house (unless they owned it jointly)? There are too many unanswered questions here and you need to have someone look at all the documentation to give you any guidance. And yes, if the attorney gets a judgement he can place a lien for services rendered. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.