Legal Question in Real Estate Law in Georgia
My brother was recently arrested and sentenced to serve 24 months in prison for drug charges. He owns (free and clear) a piece of property that he wants to sign over to me. I have financial power of attorney over him. Can I just hand-write a note stating he is signing the property over to me, and sign it for both him and me in front of a notary? I realize the conflict of interest, but neither of us plan to ever sale the property so as long as he and I agree, will this hold up? We are trying to ensure the State cannot take his property from him for payment of fines he will owe.
Asked on 2/18/11, 7:50 am
1 Answer from Attorneys
Scott Riddle
Law Office of Scott B. Riddle, LLC
You just described, and asked for assistance on, a fraudulent conveyance to shield the property from your brother's creditors.
Answered on 2/18/11, 7:54 am