QUESTION
If my parents already passed away and they did not put me on the title, now Mortgage Company asked for power of attorney, how can I get that?
Asked on Jan 05th, 2017 on Estate Planning - California
More details to this question:
My mom just passed away, my dad is already passed. I have been a chronic pain patient for the past 22 years. I thought that my mother had put me on the title, but when I talked to the mortgage company, they say I am not. Now they want me to send them a death certificate and power of attorney. If I'm not already on the Title, how would I get power of attorney if they’re no longer around to sign anything over? Do I even have a case? I think the bank will probably foreclose.
2 ANSWERS
When a person dies, all powers of attorney they have given are voided. So you are correct you can not get a power of attorney. The estate will have to go through probate for title in your mother to pass to her heirs [by Will or Statute]. All the bank wants is for the mortgage to be paid [and perhaps to create a new loan because title has shifted so the old loan may no longer be valid if you have no assets, they will not renew the loan, if you have assets they will charge you new fees].
Answered on Mar 06th, 2017 at 5:25 AM
POA's do not function after death. You would need to be executor or trustee of their will/trust. If they didn't leave a will, you may still inherit the property via intestate succession.
Answered on Mar 03rd, 2017 at 5:47 PM