Legal Question in Real Estate Law in Georgia

Whose House Is It?

I'm an only child of an elderly parent who made me her POA while she was in her 30s. Now she is in the hospital and worried about who will end up with her very posh condo. She has about 5 years left on it and is worried that if she dies the bank will take it. Her mortgage is with the bank and when she asked them years earlier they sent her a form and told her that if she dies I'm to take this form, a letter, and her death certificate to them and I will then begin paying the mortgage. I have friends that tell me that is not true to get the house my name has to be on the deed, which it is not. My mother doesn't want to lose all that she has invested in this condo. How do I get added to her deed now that she is ill and blind? Is there any way to save the condo?

Thank you


Asked on 6/16/06, 8:46 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Whose House Is It?

The answer to the question in the subject line is that it is your mother's house. After hear death, her property will be distributed pursuant to a valid will or under state law. That includes the condo. If your post is correct in stating that she gave you a power of attorney when SHE was in her 30's (apparently decades ago), and she is now reaching the point of incapacitation, you need to see a qualified lawyer immediately to do some estate planning and update all paperwork (will, trusts, POA, Living Will, health care POA, etc.). Every day is a risk that she may be deemed incompetent to understand and execute any necessary documents.

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Answered on 6/16/06, 8:56 am


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