Legal Question in Wills and Trusts in New York

Power of Attorney

Do I need to register a power of attny with my county clerk? I've heard that I only need to register it if I'm going to sell my real estate (house) which is in both my wife's and my name, joint tenants. We both have notarized durable POAs. They charge a large fee for registration. Thanks.


Asked on 9/27/04, 8:13 pm

1 Answer from Attorneys
Steven Kass Law Office of Steven A. Kass, P.C.

Re: Power of Attorney

Powers of Attorney do not have to be filed with the County Clerk as a matter of law. Some Clients prefer to file it to make the world on notice. Some Counties require it to be filed when filing a deed for transfers (non-sales); other do not. When selling a home, the title normally takes the Power of Attorney for filing. You should confer with an attorney or the County Clerk as to the specifics of your situation.

Steven A. Kass, Esq.

Law Office of Steven A. Kass, PC

105 Maxess Road, Suite S-124

Melville, New York 11747

Tel. 631-574-4554

Fax. 631-574-4553

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http://www.stevenkass.com

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Answered on 9/28/04, 10:40 am


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