Will a Quite Title Action resolve a Quit Claim from me, as the POA, to me as an individual? 5 Answers as of September 23, 2014

The quit claim deed my dad signed giving me his house was lost prior to filing. A copy was not acceptable. So, since I was POA, I quit claimed the property to myself as an individual, should I initiate a Quiet Title action to settle this matter?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, but why bother? You need insurable title, so why not order a policy of title insurance from a title co? If you can get that, you are home free, with a lot less expense.
Answer Applies to: California
Replied: 9/23/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
First, your POA died with your father, leaving you no power. You will need to initiate a quit claim action. Obtain the services of a real estate lawyer who knows how to initiate these types of actions to clear title to you.
Answer Applies to: California
Replied: 9/22/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Don't do that unless someone is challenging your authority to sign. A Quiet Title Action involves a lot more people who don't need to be involved!! If your Dad has died the POA is probably powerless now. If so, there may be less complicated ways to transfer the property through the probate courts.
Answer Applies to: California
Replied: 9/22/2014
Law Offices of George H. Shers | George H. Shers
There are some important facts you do not mention. Once your father died, the POA ended. I assume he died before you filed the quit claim deed as otherwise you would have had him sign another one. If you are his only heir, from a tax stand point, it probably would be better to inherit the property then get it by quit claim deed as it takes a stepped up basis to its fair market value on the date of his death. If there is anyone who might normally claim an interest in the property, they might very well challenge as being fraudulent your using a POA to give yourself the property. You need to spend a few hundred dollars to speak with a real property attorney in your geographic area to see what can and should be done.
Answer Applies to: California
Replied: 9/22/2014
James Law Group
James Law Group | Christine James
You cannot use a POA to transfer property to yourself. You need to see a lawyer before you do something that will cost you a lot of time and money.
Answer Applies to: California
Replied: 9/22/2014
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