Full question:
My ex husband is in jail, he wants me to have Power of Attorney to be able to sell or rent his house, also advise the lien holder of his vehicle to pick it up, since he won't be able to pay. Can he gift the house to me? Also we share custody of our children (minors) and if I need to travel I need his written permission. What do I do in a situation like this? Can you please indicate what forms I need for the two issues I asked about? Also can I mail these forms to him in jail and have him sign them?
- Category: Power of Attorney
- Date:
- State: Texas
Answer:
We suggest you inquire with the department of corrections as to their rules and regulations regarding mail to inmates and notaries. He will want to have a notary present when he signs the document. He may gift the house to you if it is authorized in the power of attorney, he is the sole owner, and a transfer is not prohibited by a due-on-sale clause of the lender. The gift must be made knowingly and off his own free will. There are certain acts that an agent may not take unless they are explicitly authorized in the POA. For example, the agent may not make gifts or make a loan to himself unless those powers are expressly stated in the DPOA. Fiduciaries, such as trustees, owe two main duties to their clients: a duty of loyalty and a duty of care. The duty of loyalty requires that fiduciaries act solely in the interest of their clients, rather than in their own interest. Thus fiduciaries must not derive any direct or indirect profit from their position, and must avoid potential conflicts of interest.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody and visitation may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a parent's incarceration.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
