QUESTION
In Ohio, can the assigned power of attorney dispose of real property or real estate if the individual passes before said property can be assigned?
Asked on Jun 06th, 2021 on Estate Planning - Ohio
More details to this question:
Grandmother passed before transfer of property. Only P.O.A. Was established and without a notary. No will or explicit directions to dispose of property. Does that make the P.O.A. the owner or does it go to next of kin?
2 ANSWERS
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In short, no. A POA is only valid while the principal (person giving authority) is still alive. From the facts provided it sounds like you are stuck going through probate for the real estate. As for who gets the property, since there is no Will, the Ohio rules of descent and distribution determine who gets what. (O.R.C. 2105.06)
https://codes.ohio.gov/ohio-revised-code/section-2105.06
You may want to sit down with an attorney to review your situation and assist you. Administering a probate estate without legal counsel can be very difficult and time consuming.
Best of luck.
Answered on Jun 07th, 2021 at 5:55 AM
2 Awards
Nothing makes the agent under the Power of Attorney the owner. The agent is to act on behalf of the person who granted the POA. Since dead people cannot give directions, a POA expires with the person who grants it. The property now passes under Ohio laws of inheritance pursuant to a court order. Contact a local probate attorney.
Answered on Jun 07th, 2021 at 5:35 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.