Legal Question in Real Estate Law in Florida

Re: Transfer with Power of Attorney

If they owned it jointly and the power of attorney so authorizes it. He should also file the new deed and the power of attorney with the county clerk.

Re: Transfer with Power of Attorney

Your question is missing necessary information. If husband's stepgrandfather was married to grandmother, and title to the property was held jointly with rights of survivorship, then grandmother becomes the only title holder. If so, then assuming the power of attorney is legally binding and provides sufficient authority to covey title to real property, then husband may be able to transfer the property. However, typically the attorney-in-fact under a power of attorney may only take action that is beneficial or favorable to the grantor (the grandmother), and I do not understand how taking property away from grandmother and giving it to yourself is good for the grantor. Moreover, the power of attorney instrument may not allow such self-dealing. Lastly, if grandmother is still of sound mind, why can't she be the one to execute the documents necessary to transfer title? Your question does not pass the smell test and I would recommend that husband and grandmother get themselves attorneys. Good luck.

Re: Transfer with Power of Attorney

Assuming the Deed was in both names (grandmother and stepgrandfather) as tenants by the entirety (husband and wife) or joint tenats with right of survivorship, and not as tenants in common (if the Deed just reads H/W, or his wife, or her husband or just husband and wife, this is presumed to be tenants by the entirety), he can act on her behalf to create a new Deed if the POA authorizes this action. It should reference the original Deed and his death. When properly prepared, signed and notarized, both the new Deed and the POA should be recorded. I have concerns when a POA is used for a Deed from a parent to a child, and is not signed by the surviving parent, unless the parent's occupancy rights are protected. Many times children take advantage of elderly parents, use the POA improperly to divest the parent from assets, and I strongly recommend an attorney be used to assist in handling this, to assure the grandmother's rights are protected.