Can someone with a temporary Power of Attorney over an estate charge rent tosomeone that the property hasalready been deeded to?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can someone with a temporary Power of Attorney over an estate charge rent tosomeone that the property hasalready been deeded to?

The uncle received temporary POAafter contesting the granddaughter’s POA. The grandmother deeded the home to the granddaughter years before her dementia but the uncle and his attorney are telling the granddaughter she now needs to pay the uncle monthly rent. Is this legal? How can it be disputed?

Asked on August 19, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you say "estate" you mean the property of the party who owns the asset and not "estate" as in the estate of a person who has died, correct?  Because a POA dies with the person for whom it is in place.  So your Uncle would have no power unless he has been appointed as the personal representative of the estate of your Grandmother, who is dead.  Second, was he appointed by a Court?  Because if your Grandmother had dementia she could not validly execute the new POA.  The Granddaughter needs to hire an attorney as soon as she can.  It sounds like they have moved to set aside the transfer, or are in the process of doing so and she needs to fight them tooth and nail, so to speak.  I would not pay them anything at this point in time. If the grandmother deeded her the property and was of sound mind when she did so she is the owner.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption