QUESTION

Will the estate go to my mother or to the power of attorney?

Asked on Feb 23rd, 2011 on Estate Planning - New York
More details to this question:
My fatherโ€™s will says to sell everything he owns. He said his power of attorney is to hold a public auction. Can he sell the house out from under my mother? The farm equipment my brother takes care of the maintenance and up keep on them. Doesnโ€™t the power of attorney lose all rights when dad dies since mom is still living?
Report Abuse

3 ANSWERS

Trusts and Estates Attorney serving Irvine, CA
1 Award
Your father's power of attorney is not relevant once he passes. The terms of his trust and/or will dictates who is in charge of the assets and who will receive them.
Answered on Feb 24th, 2011 at 5:14 PM

Report Abuse
Trusts & Estates Attorney serving Camarillo, CA at Law Offices of Larry Webb
Update Your Profile
The power of attorney does not survive your father.
Answered on Feb 24th, 2011 at 5:14 PM

Report Abuse
Theodore W. Robinson
You're correct. When your father died, his Power of Attorney ceased immediately and the only thing left is his Will. However, your mother has what's known as a "Right of Election" which she can assert in the event that she was not mentioned in your father's Will. In such a case, it will depend upon how many children exist at to how much she gets under her Right of Election. If the Will otherwise says the house must be sold, there are a number of other issues that could arise. I strongly suggest your mother consult with a local estate attorney and you and your brother go along to find out what the law dictates in these situations. Unless your father was at odds with your mother at the time he made out the Will, I would be surprised if he was the only owner of the property and that he would direct the sale of the house while she was still alive. Instead, I suspect she may either get the house by operation of law if the two of them owned it together or she will get a life estate in the house to allow her to live out her life in that house. Those would be fairly normal ways attorneys would suggest when making a Will for someone. Good luck.
Answered on Feb 24th, 2011 at 3:46 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters