Legal Question in Real Estate Law in Maryland
Holding Power of Attorney and attempting to change a DEED of property
If I have Power of Attorney for my mother. My mother holds a DEED for some property and added two of my siblings name to that DEED. With my Power of Attorney, can I:
1) Remove the other 2 siblings?
2) Add my own name to the DEED and remove my mother's name?
3) All of the above?
4) Will the other parties be required to sign anything if they are removed?
1 Answer from Attorneys
Re: Holding Power of Attorney and attempting to change a DEED of property
First of all, it depends on the breadth of the POA. If it does not preclude your acting on your mother's behalf with regard to the transfer of real estate, legally you can probably do this. However, if your motive is to take sole ownership of the property and thereby deprive your siblings of an interest in it, you may well be in breach of a fiduciary duty and your siblings will have the right to take legal action against you to prevent unjust enrichment.
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