Legal Question in Real Estate Law in New York

Assuming a power of attorney is valid and the principal is still alive and that power of attorney is then used to create a trust with the agent as the trustee, is a transfer of real property from the principal to the trust valid when every line in the deed, real property transfer report, etc. requiring signature of seller is signed not by the principal but rather by the trust's trustee "as agent" (of the power of attorney)?

Asked on 4/22/21, 10:21 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Interesting. The owner's agent signed the deed, but in the agent's capacity as trustee, and not as agent under the power of attorney. Have I got that right? It's not entirely clear what it means ". . . as agent" (of the power of attorney)."

What I would say is that you may not have clear title under these facts, because neither the owner nor the owner's agent signed the deed. On the other hand, the title company insured the transfer and they really know their business very well.

Good luck.

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Answered on 4/22/21, 7:01 pm

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