can the power attorney back out of a promise witnessed by a lawyer?

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can the power attorney back out of a promise witnessed by a lawyer?

My mom died and had no will and recently
got re-married two years ago. My mom
bought her land 26 years ago. The lawyer
said our best interest was to sign to have her
current husband be the power attorney
knowing he said he is gonna sign the land to
us her children. Can the power of attorney
change there mind after telling a lawyer that
he agreed to sign the land over and not do it.
On top of that question should I have to pay
the lean on my mom land when it was for the
deposit for a rental site the the husband lives
at which is not the land. The current husband
name is not on the deed.

Asked on December 8, 2016 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, if your mother has passed away, the power of attorney is irrelevant: a power of attorney ends when the person making it passes away.
Second, a non-contractual promise, such as one made without giving "consideration," or something of value, for it is not enforceable; a person may freely renege or go back on such a "gratuitious" promise.
So neither the promise nor the POA appear to any way influence, control, or restrict what happens with the property. Rather, since your mother died "intestate" (without a will) the property will pass by the rules for intestacy in your state, which means her spouse gets the first $50,000 of value of her estate; her chidren will share the balance. And becausehe may renege on his promise, he does not have to sign anything over to the children.


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