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Pequot
New Member

Durable Power of Attorney

I signed a Durable Power of Attorney in 1998 as my ex wife and I began a 2 year divorce.  I bought a home from my parents in 1996 for $47K and they completed a quit claim deed.   I was awarded home in final divorce decree.  Since 1999 I have allowed my mother to manage the home as a rental property.  She has kept any profit earned.  Usually a yearly profit.  I claim the rental home on my IRS return.  FF to present.

My mother is aging.  Not keeping me informed about decisions concerning the home.  Municipal water lines were installed.  She opted out without notifying me.  Refused to secure and update lease.  I informed my mother Jan 5, 2019 that I was assuming responsibilities and decisions concerning my rental home.  I had forgotten that I signed the DPOA in 1998.  It was filed in Douglas County Georgia.  I'm afraid before it get filed she has quit claimed the property back to herself or someone else.  Do I have legal recourse if she is not acting in my better interest. 

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3 Replies

Durable Power of Attorney

Suggest contacting a lawyer locally

An anonymous posting board is no place to get advice on such an important matter

Find a lawyer who might answer your initial question without charging and if it is an issue then you can decide whether to hire him or not
Pequot
New Member

Durable Power of Attorney

Absolutely.  I've done that.  First consultation.  I didn't find the DPOA until the next night.  Forgot all about signing that when I was going through a difficult 2 year divorce.  I've also completed Revocation of DPOA and filing with the only court house I could find it filed at.  My mother has made several poor decisions without informing me over the past 2 years.

If she has quit claimed the property to herself I'm sure have recourse with legal counsel.  She is complicating matters.  I have a guy installing new roof in the next few weeks.  The Hurricane Michael claim check is in my name and I have already paid down payment for roof work.  The lawyer I chose is familiar with property and elder law.  Big help!

Durable Power of Attorney

Good to hear and I hope everything works out for you

Good luck
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