Texas  |  Elder Law

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10/26/09, 4:31 pm

Legal Question


Can grown stepchildren meet with their father and have him sign all real estate and medical supervision rights over to them without stepmom being present? Would this be binding and legal? The father owned the real estate before he met/married their stepmom.


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11/02/09, 2:22 pm

Legal Answer


I'm not sure what is meant by "real estate and medical supervision rights." If you mean a Durable Power of Attorney and Medical Power of Attorney, then yes, he may sign those documents and those documents will be effective without the stepmom's presence.

If you are referring to the actual transfer of property, then it depends on the type of property and how the ownership of that property is styled, i.e. who is listed as owner/co-owners and in what capacity, i.e. joint tenants/joint tenants with rights of survivorship etc.

Please clarify.

Nicholas Dupre

Stone and Associates, LLP 2202 Timberloch Place, Suite 250 The Woodlands, TX 77380

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