Can a POA in PA buy real estate in the person's name without it being notarized?
POA bought a house without person knowing and paid cash knowing upon death it would be transferred to him in a forged will? I believe the poa what forged. Does a notarized document need to be in the record of deeds - it is not?
massage, fortunately PA is a filial responsibility state. So should the person need a nursing home in less than five years, the relative who made off with the assets will get to foot the bill. Justice at work.
My Power of Attorney isn't recorded with the County, it isn't required, so you would need to check with your local agency.
Yes, a Power of Attorney needs to be Notarized, plus have one or two witnesses [depending on State law]. None of those witnesses can be part of the Power of Attorney, thus the POA nor the Notary can sign under the witness section. The Notary has their own section where to sign, same with the assigned POA.
The Power of Attorney document needs to state in certain legalize that the Power of Attorney has the power to buy and/or sell property. That would be required by the Settlement Attorney. A quick thinking Attorney would wonder why a person who is unable to speak for themselves would be purchasing a house for all cash. Usually an elder would be selling, not buying.
Normally on an all cash deal, the Realtor would require xerox copies of the funds to make sure that cash is available for an all cash deal. Those copies would say who's name is on the fund and from what financial institute.
If the Power of Attorney was forged, then that also means the real estate Contract and necessary addendum were also forged. Along with everything else that is required to be signed at settlement.
Who prepared the Will? Was it completed and signed at an attorney's office?
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Yes, a Power of Attorney needs to be Notarized, plus have one or two witnesses [depending on State law]. None of those witnesses can be part of the Power of Attorney, thus the POA nor the Notary can sign under the witness section. The Notary has their own section where to sign, same with the assigned POA.
The Power of Attorney document needs to state in certain legalize that the Power of Attorney has the power to buy and/or sell property. That would be required by the Settlement Attorney. A quick thinking Attorney would wonder why a person who is unable to speak for themselves would be purchasing a house for all cash. Usually an elder would be selling, not buying.
Normally on an all cash deal, the Realtor would require xerox copies of the funds to make sure that cash is available for an all cash deal. Those copies would say who's name is on the fund and from what financial institute.
If the Power of Attorney was forged, then that also means the real estate Contract and necessary addendum were also forged. Along with everything else that is required to be signed at settlement.
Who prepared the Will? Was it completed and signed at an attorney's office?
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State requirements for filing POAs vary; check with the county clerk of the county in which the principal is located.
If you have proof of this transaction (both the "forged" POA and the fraudulent real estate purchase agreement and sale), contact the police.