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Andrew
Andrew, Lawyer
Category: Legal
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Experience:  Attorney
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One of my family members mother had a stroke and is now

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one of my family members mother had a stroke and is now paralyzed..before this happen she closed on a home ,,her daughter went too pick up the keys what can she do her name is ***** ***** the title
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Brooklyn new York city ...in her possession her name is ***** ***** where the were staying and other information that can prove this her mother
JA: Has anything been filed or reported?
Customer: she just closed last not sure day had a stroke ,,not sure the title was filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just gather some information for her ,she is really stress out ,,,oh if she does or is able too get the information from the realtor what should do

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

She should be able to pick up the keys. She won't be allowed to sign on the mother's behalf. If there is no power of attorney this may be an instance where a guardianship is necessary until mother can start handling her own affairs again. If the mother is still competent even after the stroke she can still sign off on things. Even if she can not sign her name she only needs to make a mark in the presence of a notary. I have dealt with this on several occasions. For as long as someone is competent an X on the signature line should suffice. Was there a specific situation that you were concerned about?

As far as the title. The seller would have to sign the title/deed not the buyer. Hopefully she signed whatever else she needed to sign prior to her stroke. However if she is still competent she can still continue to sign documents whether she can actually physically sign her name or not.

If you have any other questions please let me know otherwise just accept my answer and enter a rating. I would love 5 stars. Thanks!

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