Newport News, VA asked in Real Estate Law for Virginia

Q: My nephew has received a power of attorney from the court.

The court clerk told him to get a form/letter from a real estate agent to acquire a deed. Pkease tell me what is the correct form named so I can let him know.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: I believe I answered a very similar question this morning, but this version leaves out that the nephew is the heir of your deceased brother. If your brother is deceased, he cannot sign a power of attorney, and the power of attorney needs to be from whomever owns the property. If your brother has passed and the property is in Virginia, it passes in accordance with the will, if there is a will, or intestate directly to the heirs, so those heirs might give a power of attorney to transfer property. If your nephew is the only heir, a power of attorney isn't needed. In any event, it's not just a form. You need to understand the chain of title in order to correct it with a power of attorney from whomever has title to whomever should have title. I get that you'd like to save money, but your question makes no sense without the accompanying facts. If the house is worth less than a consult fee, then your nephew might be better just letting it foreclose for unpaid taxes, but he needs a consult.

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