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Power of Attorney
Can my husband be removed from a property deed by his mother’s siblings?

Can my husband be removed from a property deed by his mother’s siblings?

Q: Can POA add name to deed?

A person holding power of attorney (POA) can add their name to a deed if the principal (the person who granted the POA) is mentally competent and consents to the change. If the principal is not competent, the POA may not have the authority to make such changes. Legal advice is recommended in these situations.

Q: Which is more important, title or deed?

Both title and deed are important but serve different purposes. The deed is the legal document that transfers ownership of property, while the title indicates who owns the property. Having a clear title is essential for proving ownership and for selling or transferring the property. Both should be reviewed carefully.

Q: Can my mom put my name on the deed to her house?

Yes, your mom can put your name on the deed to her house if she is mentally competent and willing to do so. This process typically involves drafting a new deed that includes your name. It's advisable to consult with a legal professional to ensure the transfer is done correctly and to understand any tax implications.

Q: What happens to a house if the wife's name is not on the deed and the husband dies?

If the wife's name is not on the deed and the husband dies, the house typically goes to the husband’s estate. The distribution will depend on the husband's will or state intestacy laws. If the husband had a will, it will dictate how the property is handled. If there is no will, state laws will determine the heirs.

Full question:

MY HUSBAND IS ON A PROPERTY DEED OF A SUMMER CAMP WITH HIS MOM FROM 10 YEARS AGO. HIS MOM IS BECOMING SICK AND HIS NON WORKING SIBLINGS HAVE TALKED HER INTO SEEKING LEGAL HELP TO GET HIS NAME OFF THE DEED SO THE PROPERTY CAN GET SOLD AND THEY CAN GET SOME OF THE MONEY WHEN SHE DIES. WE HAVE TAKEN CARE OF THE CAMP AND HER FOR A VERY LONG TIME BUT THINK HER MENTAL HEALTH IS NOT ALL THERE. WE HAVE ALSO PAID THE TAXES FOR ABOUT 6 YEARS. HE KNOWS IF THEY GO THROUGH ALL HER MONEY THE ONLY THING SHE HAS LEFT IS THE CAMP AND MY HUSBAND LOOKS AT IT AS SECURITY THAT THE GREEDY SIBLINGS CAN'T GET TO IF SHE NEEDED ASSISTED LIVING. HE ALSO HAS POWER OF ATTORNEY BUT THEY ARE CHANGING THAT NOW TOO(TOMORROW). THIS STARTED WHEN HE TOLD HER SHE COULDN'T DRIVE ANYMORE. WHAT NEXT? DO WE HAVE ANY RIGHTS?

Category: Power of Attorney
Date: 04/07/2025
State: New Hampshire

Answer:

A person can transfer their property if they have legal capacity. If your husband's mother is not mentally competent, this could affect her ability to change the deed or power of attorney. It’s essential to document any signs of her mental decline. If the siblings are pressuring her or acting against her best interests, this could be considered undue influence. You may want to consult with a lawyer who specializes in elder law to explore your options and rights regarding the property and your husband's role.

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.

FAQs

What are my rights if my name is not on a deed?

If your name is not on a property deed, you generally do not have ownership rights to that property. However, you may have rights if you can prove contributions to the property or if there are agreements in place. Additionally, if the owner is not mentally competent, you may have grounds to challenge any changes made to the deed. Consulting with an attorney can help clarify your specific rights.

What happens if your name isn't on the deed?

If your name isn't on the deed, you typically do not have legal ownership of the property. This means you cannot sell or make decisions regarding the property without the owner's consent. However, you may have rights if you can demonstrate financial contributions or if there are legal claims, such as undue influence or mental incompetence.