Park Forest, IL asked in Real Estate Law for Illinois

Q: My husband has power of attorney of his father's finances. Does he need his father's signature for a quit claims deed?

There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: Well, this is a tricky situation. First, is your father-in-law competent? If so, then he should handle the transaction on his own. It is much cleaner that way. If he is not competent, then an important question would be "who is your father-in-law quit claiming the property to?" If it is your husband, then he may have a problem executing the lease since he is a fiduciary for your father-in-law. Questions could arise with your father-in-law's heirs or your husband's siblings if he is transferring the property via QCD as POA for your father-in-law to himself. As a fiduciary, he owes your father-in-law the highest duty of care.

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