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My mother died on 11-9-2006. Before she died my brother got…

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My mother died on 11-9-2006...
My mother died on 11-9-2006. Before she died my brother got POA and filled out the paper qwork to transfer the house from my mother to us. I just looked at the deed and it states that it wasn't recorded until 2-15-2008. Is this legal? When my mother died my brother was no longer the POA and my sister is the executor of the will. Since this wasn't recoreded beforte my mom died, I believe that the document isn't legal, at least I'm hoping it isn't because we need to sell the house.
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/26/2010
Lawyer: P. Simmons, Attorney replied 8 years ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,685
Experience: 16 yrs. of trial experience
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psimmons :

Hello, can you tell me what the deed says? In whose name is ***** ***** currently?

Customer :

The deed says it's in the siblings name. My question is is legal to do the transfer after she died?

psimmons :

NO, that would not be legal...the POA will die with the grantor of the POA. But are you sure the transfer was not prior to death? The day of recording can be (and often is) after the day of transfer

Customer :

The Recored date says 2/15/2008.

psimmons :

Understand...but what does the deed say? What was the day the deed was signed?

Customer :

It says on "Date of Sale" 11-9-06

psimmons :

The day mom died? What does brother say about this? When does he claim the transfer was done?

Customer :

We don't talk. Can I e-mail you the deed so you can look at it?

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Lawyer: P. Simmons, Attorney replied 8 years ago
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If you are still working with your Expert on this question, you can post additional replies and receive additional information on this page.  If you received a satisfactory answer in Chat, you can accept the chat conversation above.
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Lawyer: P. Simmons, Attorney replied 8 years ago
you can email to "*****@******.***" and have them send to me
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Customer reply replied 8 years ago

Since we're having problems getting 1 of the 4 bowners to agree on the sale conditions of our home that is equally owned, how hard is it to get a court order to have all proceeds go into an escrow account until it can be resolved?

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