It wasn't a self deal, my mother was present and witnessed the whole transaction.
Anytime a holder of a power of attorney deeds property to him/herself, it is a self deal. If your mother was present, why did she not sign the deed herself?
It wasn't a self deal, my mother was present and witnessed the whole transaction.
Anytime a holder of a power of attorney deeds property to him/herself, it is a self deal. If your mother was present, why did she not sign the deed herself?
As noted in the other post, my cross-post is intentional to demonstrate a degree of dissonance between your posts that contradict the plausibility of your OP. So, the cross-post is absolutely relevant.Not to you. Please don't make assumptions and jump to conclusions. This is also off-topic and a unrelated matter. You should know better.
It is irrelevant and you used information as misinformation and then personally attacked me when you yourself don't know the full details. I only made a summary, there was no need to establish more details as it will add to confusion.
So, why didn’t your mother sign the deed transferring the property to you? As flyingron stated, self dealing is a huge red flag and makes the transaction suspect. Using a poa to transfer assets from the principal to the agent is self dealing regardless Of the circumstances. Any action taken by the agent for their own interest is self dealing.
you made a statement in your first post that is confusing:
purchased my mothers home but she ended up having a massive stroke and brain aneurysm. She recovered some, but is fully disabled (can't walk) but she gets around with a wheel chair and uses a computer, writes emails, etc. Anyway, the transaction was done before her medical problems, and the deed was transferred after using a Power of Attorney.
what do you mean the transaction was done before her medical problems but the deed was transferred after
The execution and delivery of a deed is what transfers title to property. The delivery of the deed is the transaction used to transfer title. If the deed was not delivered to you until after her medical issues, then the transaction was not completed until after her medical issues. . Since you state you used the power of the poa to transfer the property I’m guessing the execution and delivery of the deed was done after her medical issues. That makes the transaction highly suspect and could be the basis for a rescission of the deed.
you also made another very odd statement in your first post:
[QUOTEMy mother signed off on the PoA, fully coherent and under no duress with a notary public present so that I would assume her assets but let her live and stay in her own house with full time care (I was the one taking care of her). [/QUOTE]
a poa does not allow the agent to assume assets of the principal. It allows them to take whatever actions described in the poa on behalf od the principal. Your statement is very odd and suggestive of not understanding the powers afforded an agent of a poa. You also don’t need a poa to take care of your mother. It can make some issues simpler or easier but especially since you claim she is mentally competent, it doesn’t sound like it was necessary at all.
if you hope to reverse the courts ruling you really need the aid of an attorney. Obviously your first fight would be to seek to,have the courts,order set aside. Then if the plaintiff chooses to continue the fight, you would have to defend the claim of an improper use of,the poa.
I do plan to do just that. It was all done legally, with my mother present. What happened 2 years later was not her doing, but siblings taking action. I will retain a lawyer, but Mark the senior member needs to not jump to conclusions and use personal attacks and tactics. A lot of people have been to jail. Does that make me a criminal? I don't know. I'm not a felon. I'm here seeking answers to legal issues in my life that I'd like resolved. You can walk down the street and accuse someone of a crime, and press charges against them with an officer present. Then they go to jail. That is the country we live in.
The PoA was written in such a way that allowed for assets and cash to be signed off on with my signature. I did this so that I can take care of my mother, not rob her. I consulted with a lawyer before it was drawn up, and then had it signed and filed legally.
Um, yes, if you have been to jail it does make you a criminal. Jail is where criminals are sent as punishment.
regardless of the validity of the poa, self dealing is highly suspicious. If your mother was capable of signing a deed, there is no reason you should have used the powers of the poa to sign the deed, especially with you as the grantee. Since she was and apparently is lucid, if she claims the transfer was against her intent, a court would be hard pressed to not rescind it. If you can get the latest courts order set aside you may get a chance to defend your position. I wouldn’t be overly optimistic you will prevail if your mother refutes your claim.
and if your mother is mentally competent, what happened 2 years later is her doing. No party would have the right to seek the rescission and she would have had to be the plaintiff.
JK, you are ignorant. Jail does not make you a criminal. A felonious record does.
pwned.
/jr member