Q: My father has dementia and I co own a property in Florida with him. I and he are listed on the title and he has a Will
that states upon his death the said property will go to me ( I have other siblings)..my question is because my sister has Power of Attorney for my father is there any way she can prevent this from happening?
A: Unless you are speaking of having title by and through a Ladybird deed, , then you own a portion of this property. As for the provisions of the will, they would apply after death - someone with a POA cannot change the terms of a will. In most cases a POA cannot remove your name from title either. You should consult with a real estate attorney to have them review the documents that you speak of. www.provenresource.com
A:
Florida law will govern the transfer upon death of the real property located in Florida. If you and your father are joint tenants, and the only joint tenants, you, as the survivor, will own the property. Your sister could potentially have the power to convey your father's interest in the property prior to his death, but if you are a joint tenant and the deed has been recorded, no purchaser from your sister will acquire an interest superior to yours.
Note that I am not licensed to practice law in Florida and do not have all of the facts, so my answer cannot be considered definitive.
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