Legal Question in Real Estate Law in Georgia

Will I loose My Land

My father has about 50 acres of land, and two sons. He has recently been diagnosed with severe memory loss and Alzheimers. My father gave Financial Power Of Attorney to my older brother. In the event of his death or he has to go into a Nsing. Home with no deeds will we loose our land? What do we need to do if anything?


Asked on 11/13/02, 10:05 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Will I loose My Land

First, you should know that the Power of Attorney expires automatically when your father dies. That aside, if the property it properly titled in his name (assuming there is no will and no other heirs), you and your brother will inherit the property equally. I would advise you to consult with a local attorney because after discussing this matter with you, other questions may arise.

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Answered on 11/13/02, 11:36 am
Hugh Wood Wood & Meredith

Re: Will I loose My Land

I read Charles Field's response (we talk about this bbs sometimes) and I agree with his respose. Memory loss sometimes comes and goes. if your father comes out of it (a period of lucidity) see if you can get proper deeds executed and/or a will (he MUST be competent to make a will or you create another problem). There is a durable POA at

http://www.woodandmeredith.com/forms/index.html

you might want to read --though it wont solve all your problems. Sometimes if the title is clear and mom or dad is (well, not quite here) I have had good luck with an Affidavit of Title. I think you need a local real estate or probate lawyer to assist you -- and it will be much cheaper while he is still here. HCW

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Answered on 11/13/02, 1:24 pm


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