Legal Question in Real Estate Law in North Carolina

power of attorney

my mom died in December and her and her boyfriend had a house they bought (payed off) and also had a 2nd morgage on it. I don't want anything to do with the house and want to have her boyfriend have the house. He's telling me I have to sign a power of attorney. Does this sound right?


Asked on 2/04/08, 7:45 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: power of attorney

First, I am sorry for the recent loss of your mother.

Your main question is whether you should be signing a power of attorney in favor of your mother's boyfriend: the answer is no. You should never sign a power of attorney without first consulting with an attorney. A power of attorney could give him the authority to make financial decisions and transactions on YOUR behalf.

Your other question seems to involve the ownership of your mother's home. If your mother owned the home jointly with her boyfriend, then the home passed to him upon her death.

If your mother owned the home in her own name, the question then becomes whether your mother had a will.

If your mother had a will, her property will pass according to her will. If your mother did not have a will, the property will pass according to the laws of intestate succession in Massachusetts.

My suggestion is that you speak with an attorney as soon as possible to make sure that your mother's estate is administered according to her wishes and the law.

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Answered on 2/05/08, 9:36 am


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