Legal Question in Wills and Trusts in North Carolina

Hi, my dad is wanting to deed his property to me and my brother. I already have lifetime rights. I also have durable power of attorney. We want to do this without forking o it so much money to a lawyer. Please help

Asked on 8/11/16, 8:51 am

1 Answer from Attorneys

Issue is not whether your father can deed his property but whether he should do so. The fact that your father needs an agent under a power of attorney raises the questions of your father's mental competency. And depending on how t he power of attorney is drafted, you may be precluded from making gifts of land to yourself. This is not a time to be cheap. Deeds are relatively inexpensive. This can be done via a quitclaim deed in which your father conveys any rights he has in the land to you and your brother. I suggest that you consult with an estate planning or elder care attorney before you do this on your own and end up creating bigger legal hassles. If your father is elderly and has dementia/alzheimer's then he may be needing nursing home care. If our father owns an interest in the property, then he just cannot give it away.

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Answered on 8/11/16, 8:38 pm

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