QUESTION
What do I need to do to be able to sell my mother's house?
Asked on Apr 29th, 2013 on Estate Planning - California
More details to this question:
My mother passed away in February. She did not have a will in place and did not have power of attorney. My siblings have made me the one to handle all the affairs. My brother wanted to quick sell her house prior to death and we decided to go ahead with it. I was told the bank can’t talk to me without power of attorney. We live in California.
6 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain a probate lawyer who can file a petition into probate court to have you appointed administrator of the estate so you can get an order transferring title from the deceased to you and your siblings, which will allow sale of the property and capability to transfer title in escrow.
Answered on May 01st, 2013 at 3:14 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Powers of attorney only work while a person is still alive. Before your mother passed away, you needed a power of attorney to talk to the bank on her behalf. Now a power of attorney would do you no good. To sell the house now, you will need to be appointed as the administrator of the estate. Or, under California law, if your mother's estate is less than $150,000, the property can be transferred to her heirs outside of probate, and the heirs can then act together to sell the house.
Answered on May 01st, 2013 at 3:14 PM
You will have to probate the estate and the house can be sold during the probate proceedings. You should consult a probate attorney to review the procedure.
Answered on May 01st, 2013 at 3:13 PM
You will have to go through probate in order to have title shifted to her estate and with you appointed by the court as administer of the estate. The bank will then speak to you. You can read up on what must be done by looking at the Nolo Press books on estates, rusts, and probate. There are many rules and you might need at some point to consult with an attorney for an hour or two.
Answered on May 01st, 2013 at 3:13 PM
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You need to speak with a probate attorney. If there is no equity in the house, it may be best to just walk away. If there is equity and you want to sell the house, you must open a probate with the court to get legal authority to do so. Power of attorney expires upon death and will not help you here.
Answered on May 01st, 2013 at 3:12 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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A power of attorney would be worthless, since she is dead. You must petition the Court for letters of administration. Go see a lawyer. N
Answered on May 01st, 2013 at 3:12 PM