Legal Question in Real Estate Law in Arizona

Re: Power of Attorney

I agree with the previous answer in most part. You must get your name recorded on the title. Waiting for permission from the lender is questionable. Your rights are not protected now.

See an estate attorney. We see so many of these problems on this board, with unmarried couples and do-it-yourself deeds, no contracts, no estate planning, etc. and the sad stories that result.

Re: Power of Attorney

If you add your name to the title without the lender's permission, you run the risk of triggering a "due on sale clause." This would allow the lender to demand payment of the entire loan balance immediatly. If that happens, and you don't have the cash to pay off the loan, you would be forced to refinance the house.

Re: Power of Attorney

No. A power of attorney is invalid after death.

The best way to protect yourself is to get your name on the deed now as a Joint Tenant with Right of Survivorship. If there is a mortgage on the property, you need to get permission from the bank before you are added to the deed.

There are other options too, including a beneficiary deed, will, living trust, etc. Contact an estate planning attorney to help you.