Legal Question in Real Estate Law in New York

Re: Deeds

1. Your cousin may have sufficient authority under the Power of Attorney to transfer ownership of your aunt's house but only if his Power of Attorney specifically provides for such power or is a general durable power of attorney.

2. Even then, depending on the language of your cousin's power of attorney and when it was executed there may be issues with your aunt's mental capacity that the county clerk or other parties may raise as objections upon attempted transfer. Also, if the property is encumbered by mortgages or liens, they would probably have to be satisfied first.

3. Upon the death of the principal, a power of attorney normally terminates. If your aunt has not previousoly made a will or a trust to dispose of her house and other property, the law of the state where the real property is located would determine how the house is to be inherited and how the proceeds from its sale are to be distributed to your aunt's heirs, probably through a probate proceeding. Depending on the present state of your aunt's mind, it may or may not be possible for her to still execute a will, a trust or any other documents.

The above answers are in the nature of general information, are not legal advice and are not to be relied upon as such. Feel free to call me if you want me to review the relevant documents.

Re: Deeds

Easy question...difficult answer. It all depends on what the power of attorney allows her to do. Without seeing it , no one can answer your question.

Good Luck.

RRG