Hello,
I have been experiencing the pressure and virtually harrased by my separated hasband's brother to add my daughter to the title of the house. I have written a will to leave everything to my daughter, as well as entering the binding of financial agreements with my current de facto partner so as the house won't be claimed by him. The brother's been appointed as a power of attorney due to my separated husband's terminal illness, and took responsibility of his financial and estate matters.
The title of house is currently solely under my name, because when we purchased the house, our daughter was too young to put her name on the title, as well as to prevent my separated husband to mortgage the house to purchase something( which he did in the past without my knowledge). Both myself and my separated husband agreed that the house is daughter's asset.
If I add my daughter to the title, it will incur a substantial stamp duty that I cannot afford. I have explained this to the brother but he simply said 'just get a loan', and denies the legal effectiveness of binding financial agreements. Another issue he sends emails to my daughter instead of directly communicating with me. As a result she is very much distressed as well.
My question is:
Can a power of attorney have authority to force someone to make change to the title of the house? What if the power of attorney appears to be biased and abusing his power?
I will most appreciate your advice and knowledge.
Thank you in advance.
I have been experiencing the pressure and virtually harrased by my separated hasband's brother to add my daughter to the title of the house. I have written a will to leave everything to my daughter, as well as entering the binding of financial agreements with my current de facto partner so as the house won't be claimed by him. The brother's been appointed as a power of attorney due to my separated husband's terminal illness, and took responsibility of his financial and estate matters.
The title of house is currently solely under my name, because when we purchased the house, our daughter was too young to put her name on the title, as well as to prevent my separated husband to mortgage the house to purchase something( which he did in the past without my knowledge). Both myself and my separated husband agreed that the house is daughter's asset.
If I add my daughter to the title, it will incur a substantial stamp duty that I cannot afford. I have explained this to the brother but he simply said 'just get a loan', and denies the legal effectiveness of binding financial agreements. Another issue he sends emails to my daughter instead of directly communicating with me. As a result she is very much distressed as well.
My question is:
Can a power of attorney have authority to force someone to make change to the title of the house? What if the power of attorney appears to be biased and abusing his power?
I will most appreciate your advice and knowledge.
Thank you in advance.