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
Franchesco Donovan Fickey Martinez
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.