If my sister and I have durable POA over my dad who has Alzheimer’s, can we quitclaim deed his house to us?

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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 11 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.  


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