Legal Question in Wills and Trusts in New Jersey

Re: Real estate/power of attorney

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Re: Real estate/power of attorney

I have read what the other attorneys wrote, and they are correct: if the house was deeded to you and your neice, then you and your neice are the owners. You need to take action immediately to make sure that there is insurance on the house (this is critical!!!), and you need the house taken care of, taxes and mortgage paid. Where is your neice? What do you and she want to do with your house?

To get some advice as to how to handle the house, you need a smart lawyer. If you want to sell the house, or rent it out, then for that also, you could use the asssitance of a lawyer.

I would be happy to discuss this, and assist you. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: Real estate/power of attorney

The only person who can change title to real property is the person to whom the property was last deeded. If that was you and your niece, only you two may deed it to someone else.

The fact that your sister has power of attorney ["POA"] [I assume it was from your dad at a time when he had mental capacity] does not give her the right to change title to a property owned by anyone other than your dad. She could only deal with property owned by your dad, and only if the POA was a "durable" one. Unless it was expressly stated to be durable, a POA becomes ineffective when the person who gave it dies or loses mental capacity.