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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39048
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My mother has a durable power of attorney for her best

Customer Question

My mother has a durable power of attorney for her best friend which allows transfer or selling of property. Can she do a quit claim deed on the home to herself or another individual prior to death as her friend had wanted to change her will but never got around to it before becoming unexpectedly ill/hospitalized. Would the quit claim be contested by those in her will - a church, etc. (no relatives are in her will as she had no children)? Would the quit claim withstand court of law as legal? Does filing of the quit claim and recording of the property transfer have to be completed prior to death or only the quit claim. The property is in Chesapeake, VA.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 10 months ago.

Hello,

A person with a power of attorney that expressly authorizes transfers of real estate can make the transfer without the property owner's request. However, while the county clerk won't contest the transfer if it is made to the person with the power of attorney, other potential beneficiaries of the property could sue the person making the transfer for "self dealing." Consequently, any transfer should generally be made to a third party with no familial or other close connection to the person with the power of attorney.

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