Legal Question in Real Estate Law in Maryland

Power of Attorney and Real Estate

My uncle and aunt designated my aunt's nephew as their Power of Attorney. They resided in Florida...her nephew resides in Maryland. My uncle passed away in Oct of 2004...my aunt survived him by 3 months and passed away in January of 2005. I am listed as a beneficiary in their wills. They had no children. Through a search of real estate records I have found property was purchased in Maryland in my aunt's name in Dec 2004 (after my uncle's death). I also found a house in Maryland, purchased in May of 2004 (before my uncle's death), the owners are listed as my aunt, her nephew, and his life partner...my uncle is not listed as an owner. Could her nephew have purchased that house with her money as her power of attorney, with him and his partner listed as owners along with her, without her knowing about it? Also is it legal for a power of attorney to purchase real estate in the name of the person they are POA for... and add their own name to the deed? I should also mention that my uncle suffered from Alzheimer's for approx the last year of his life and was living in a nursing home. Thank you for any help you can give me.


Asked on 2/28/05, 2:45 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Power of Attorney and Real Estate

In order for a POA to be effective it must be effected under legal capacity. In the situation you describe this is questionable as your aunt and most probably void as to your uncle. The wording of the POA is essential as to the power granted to the holder.

A series of transactions occurred. Each of these transactions has an effect on the estate of your aunt and/or uncle. As a beneficiary through a last will and testament you are an interested party. You need to present the matter before court. A complaint will likely be brought through the separate and individual estate of your aunt.

Your question evinces an abuse of the POA and misrepresentation; however, the facts are not fully described.

Each real estate transaction needs to be reviewed. The last will and testament needs to be probated and for this and other reasons you should contact an attorney immediately.

Joe Holthaus (410) 750-2567.

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Answered on 3/01/05, 10:20 pm


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