Question by ksmith517: Does durable power of attorney give me the right to quit claim my dying father's home to myself and siblings?
My father is dying and doesn't want to have his properties probated, yet he never set up a trust or quit claimed the properties to us children. I have durable power of attorney. Can I quit claim the house and land to me and my siblings, legally? This is my father's wish, so we're not doing anything he wouldn't want. Or could I set up a family trust as his POA?
Thanks for the help!
Best answer:
Answer by donfletcheryh
You may do anything that your father would have done. If challenged in court as a conflict of interest, you have to provide the court a reasonable explanation of your actions.
If there are any family members or creditors who might contest your action, your action could leave the estate in litigation. This is the primary area of risk.
Quit claim also does not clear title if it was previously clouded. An action like having the home sold for taxes and bought back by family does clear title, but it can take a lot of time.
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Orignal From: Q&A: Does durable power of attorney give me the right to quit claim my dying father's home to myself and siblings?
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