Gastonia, NC asked in Uncategorized, Estate Planning and Real Estate Law for North Carolina

Q: My aunt power of attorney is telling me I can not move in to the house but the deed to the house is in my name.

What can I do bout the power of attorney telling me I can not move in to the house. The deed is in my name.

1 Lawyer Answer

Franchesco Donovan Fickey Martinez

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Hello Sir or Ma'am, A deed signifies legal ownership of property whereas a power of attorney is a legal instrument to allow another person to act in the place of someone else. Under the question you stated, your deed should mean that you own the home and have the power to move into the deeded home, assuming that there is not current contract or lease to the contrary. If your situation is confrontational, it would be wise to seek the advise and guidance of a local real estate attorney. An attorney may be able to resolve the dispute, in-court through a legal proceeding or out-of-court through mediation, arbitration, or negotiation. Good Luck.

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