Legal Question in Real Estate Law in North Carolina

Transfer of land

Ihave dad durable power of attorney. Dad lives here in

New york. dad has 1 acrea of land in North carolina. I am

dad Exzecutor of his will, dad is 90yrs old, and does not care

about the land etc. Can I get

a lawyer to transfer the land over to me, quitclaim deed, and

have the lwyer register it in

north carolina ? How would I go

about this.I haVE ALL THE LEGAL

PAPERS TO TRANSFER LAND.

Thank You

Thomas


Asked on 12/03/06, 7:11 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: Transfer of land

If your POA does not specifically give you the ability to make gifts to yourself, you are going to have a very hard time selling the property to any third party in the future.

Read more
Answered on 12/13/06, 4:13 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Transfer of land

Suggest that you have witnesses to any Deed or document your father may sign (in addition to the notary).

Suggest that You NOT sign a "Quit Claim" or any Deed to yourself via a POA.

You can have prepared a NC Bargain and Sale or Warranty type deed, and all supporting documents, you may require in order to record the Deed in NC.

But, Your DAD should be the one to sign the Deed and docs, before a notary or Commissioner of Deeds and witnesses.

The duly executed Deed and supporting docs, may need to be presented to your county clerk's office, in NY, to be "Exemplified" for filing and recording in another state ie., NC.

You may then transmit to NC, for filing and recording, per NC's real property Clerk's office, instruction and direction. Which you should consult directly before doing anything.

You may also want to update your father's family tree, with your father and your attorney's help.

Good luck,

Read more
Answered on 12/06/06, 5:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina