Q: My Grandmother signed house & land to me 6 yrs ago. She has lifetime rights (thru attorney) No will. She gave me....
Durable power of attorney & signed a document as to who will inherit her car. Do I need to have these 2 recorded at courthouse?
A:
What all does your grandmother own?
If the house was deeded over to you with a life estate (check the real estate records to make sure) that is ok.
Was the durable power of attorney drafted by an attorney? Read the power of attorney. If it was properly drafted, you may not have to file it with the court and do accountings.
If it was the freebie version, then when you are ready to use the power of attorney, you must record it with the register of deeds in the county where your grandmother lives. You must also file the power of attorney with the clerk of court. You will also have to file accountings.
The document that your grandmother signed is a nullity as she is still alive. Whether its valid or not is another question. I have not seen it. This is why we have wills. Your grandmother needs to make a will disposing of her assets.
To be valid in NC, a will that is printed or typed MUST be witnessed by 2 people who are not beneficiaries under the will. To be self-proving the signatures must be notarized. If the will is entirely handwritten by your grandmother, then it need not be witnessed but it must be found among her important papers at the time of her death.
I would strongly urge your grandmother, if she is mentally competent, to see me or another attorney in NC and make a valid will. The power of attorney for finances may also need to be re-done so that it will not have to be filed with the clerk (it will still need to be recorded with the register of deeds when you are ready to use it). Finally, your grandmother needs a healthcare power of attorney and living will if she does not already have those documents.
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