Does a durable power of attorney grant me the authority to sell my brother’s property by quitclaim deed?

Lexi, Chatbot

I'm sorry to hear about your brother's situation; it must be challenging for you both. Can you confirm if your brother has provided written consent for the property transfer as part of your Power of Attorney?

Lexi, Chatbot

Have you already initiated the process of selling the property, or are you seeking guidance on how to start?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your property transfer.

Queeneth E. Esq

Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer.
(Kindly note that our conversation does not establish an attorney-client relationship.)

1. Can you please tell me which state or country the condo is located in?

2. Have you encountered any specific issues or concerns with the General Warranty Deed (GWD) you prepared, or are you just looking for a general review?

Queeneth E. Esq

You said it’s an absolute POA (sounds like a general durable POA). As long as it was properly executed, notarized, and recorded (if the condo is in a state that requires recording for real estate matters), you as attorney-in-fact have authority to sell the property on your brother’s behalf.

Title companies and buyers’ attorneys will want to see the original or a certified copy of the POA and may require that it be recorded in the county land records along with the deed.

If you modeled it after the prior deed prepared by a closing attorney, you’re likely on solid ground. Things to check carefully:

• Grantor/grantee names match exactly as they appear in the chain of title

• Legal description of the condo unit is copied precisely from the last recorded deed (not just the street address)

• You sign the deed as: “[Your Name], as attorney-in-fact for [Brother’s Name]”

• The deed is notarized in the correct format required by your state

• If state law requires witnesses (for example, Florida requires two witnesses for deeds), make sure that’s included

Even if you’ve drafted the deed correctly, when you go to sell, the closing attorney or title company will review everything. They may prepare a fresh deed themselves, which is very common and not a reflection on your drafting.

What matters most is that your POA is valid and recorded so you can legally act.

Since you’re only in the U.S. part of the year, let the realtor and closing attorney know your travel schedule. If the closing happens while you’re abroad, you may need to pre-sign documents or arrange for remote notarization if your state allows it.

Queeneth E. Esq

Is there anything else you would like me to explain or any additional information you need?

Queeneth E. Esq

You’re welcome. Thank you for your kind words. I’m happy to have assisted you today.