Legal Question in Wills and Trusts in Florida
Power of Attorney for Quit Claim Deed
My elderly aunt give me her Durable Power of Attorney, with sprawling powers, as well as made me Executrix of her Will and Trustee of her Trust. While she was in the hospital and still alive, I was advised by a friend to use the POA to transfer her 50% ownership in her home (the other half is owned by her 91 year old companion) with a Quit Claim Deed to myself, which I did. The original deed said John Smith, single and Mary Smith, single. All these docs are legal and prepared by attys. My question is: Was this legal for me to do. Do I own 50% of this home currently, or do I need to do something else with it? My Aunt passed away a few months after I used the POA to Quit Claim the home. I was told that had I not done it, her part in the title would have been lost at her death. My Aunt was never married and has no children of her own. Could you please advise me as to what is legal with regard to this, and whether or not I actually own half of this home. Thanks so much for your help!!!
2 Answers from Attorneys
Re: Power of Attorney for Quit Claim Deed
Further review of your records would be necessary to determine ownership interests and whether any duties were breached.
Regards,
Michelle
Re: Power of Attorney for Quit Claim Deed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It was probably legal although subject to a challenge by your Aunt's other beneficiaries. Had you not done this, the aunt's estate would not have lost any ownership interest as it was owned 50% by her (an undivided 1/2 interest) together with her companion. The interest would have passed to her estate to be divided according to her will or if not will, by the laws of intestate succession.
To be sure that your interest was properly perfected, you would need to have an attorney order a title search and review it.
Scott R. Jay, Esq.
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