Transfer of land
Ihave dad durable power of attorney. Dad lives here in
New york. dad has 1 acrea of land in North carolina. I am
dad Exzecutor of his will, dad is 90yrs old, and does not care
about the land etc. Can I get
a lawyer to transfer the land over to me, quitclaim deed, and
have the lwyer register it in
north carolina ? How would I go
about this.I haVE ALL THE LEGAL
PAPERS TO TRANSFER LAND.
Thank You
Thomas
Re: Transfer of land
If your POA does not specifically give you the ability to make gifts to yourself, you are going to have a very hard time selling the property to any third party in the future.
Jeff Rosner
Rosner Law Firm P.A.
1301 Larkhall Court
Cary, NC 27511
Re: Transfer of land
Suggest that you have witnesses to any Deed or document your father may sign (in addition to the notary).
Suggest that You NOT sign a “Quit Claim” or any Deed to yourself via a POA.
You can have prepared a NC Bargain and Sale or Warranty type deed, and all supporting documents, you may require in order to record the Deed in NC.
But, Your DAD should be the one to sign the Deed and docs, before a notary or Commissioner of Deeds and witnesses.
The duly executed Deed and supporting docs, may need to be presented to your county clerk’s office, in NY, to be “Exemplified” for filing and recording in another state ie., NC.
You may then transmit to NC, for filing and recording, per NC’s real property Clerk’s office, instruction and direction. Which you should consult directly before doing anything.
You may also want to update your father’s family tree, with your father and your attorney’s help.
Good luck,
Phroska L. McAlister
PHROSKA LEAKE McALISTER
116 West 23rd Street # 197 5th Floor
New York, NY 10011