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My husband of 94 years passed away in August 2010. WE had

 
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Customer Question

My husband of 94 years passed away in August 2010. WE had quit claim deed to each other, which I had recorded Everything was left to me. We had one piece of property, which the quit claim covered. I am almost 88 and need to know what I have to do now. We live in Alaska.

 

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Submitted: 865 days and 18 hours ago.
Category: Estate Law
Value: $38
Status: CLOSED
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Expert:  AlexiaEsq. replied 865 days and 18 hours ago.

I am very sorry for your loss.

Are you saying that the deed was now jointly in both names at the time of his passing?

Customer replied 865 days and 18 hours ago.

Yes, but I had the deed recorded the next day. I am not really thrilled about giving anyone Power of Attorney over my bank account, etc. Can I do it so they only have the authority when I become unable to do it myself?

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Expert:  AlexiaEsq. replied 865 days and 17 hours ago.

Are you asking about POA? You are not require to have POA at all if you don't want to! And yes, you can have one such that it only kicks in upon disability/ mental incapacity, etc. That would be a limited POA specifically drafted to be in effect only under those circumstances. You'd likely want an attorney drafted POA.

With regard to the deed, if you are wanting it re-deeded to represent only your name, you can take you probate papers (letters adminstration, etc.) to your title company, authorizing that change. However, since this was probably a joint tenancy with the right of survivorship, you probably needn't do anything, since the house is all yours by operaton of law upon his passing.

Good luck with all, and again, I am terribly sorry for your loss.

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