QUESTION
What should I do to prevent my stepbrother from selling my late father parcel of land?
Asked on May 14th, 2013 on Estate Planning - Delaware
More details to this question:
What should I do to prevent my stepbrother from selling my late father parcel of land and he is not the administrator and there is a case at the court objecting the will. Can he sell it using the power of attorney yet my father is already dead.
18 ANSWERS
Powers of attorney are cancelled upon the death of the party giving the power. If the estate is in probate only the administrator of the probate can seek court approval to sell the property.
Answered on May 16th, 2013 at 6:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can object in the court hearing, but if I were you, I would file the death certificate on the land in the recorder's office. That way people will know that the POA is no longer valid.
Answered on May 16th, 2013 at 6:21 AM
3 Awards
Seek legal counsel to represent you. He cannot use a power of attorney once the maker is deceased.
Answered on May 16th, 2013 at 6:17 AM
Thomas Edward Gates
The Power of Attorney is no longer valid since your dad is now deceased.
Answered on May 16th, 2013 at 5:48 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The power of attorney given to your step brother by your father died with your father. Only the probate court has authority to direct the administrator/executor of the estate to distribute/sell property of the estate.
Answered on May 16th, 2013 at 5:02 AM
2 Awards
He cannot sell via a power of attorney as they expire upon death. Get an attorney have join in the objection to the will. Don't wait.
Answered on May 16th, 2013 at 4:46 AM
The power of attorney is no longer valid after death.
Answered on May 16th, 2013 at 4:45 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Lots of different issues. You really should sit down with a probate attorney. The only way your step-brother could do what you are claiming is if he is on the title to the property. The POA has no effect, due to your father's death.
Answered on May 16th, 2013 at 4:38 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Powers of attorney end at death. If there is a parcel of property and it is disposed of improperly and outside probate laws, he can be held liable. Contact an attorney, there are several options that may prevent the sale.
Answered on May 16th, 2013 at 1:29 AM
He cannot sell using the Power of Attorney. You might consider filing a Petition to restrain any proposed sale. Contact an attorney who specializes in estate matters.
Answered on May 16th, 2013 at 1:02 AM
The power of attorney is now invalid. Informing the listing agent of father's death should be sufficient. If not, bring a motion for an order confirming he has no powers over the disposition of the property. You should consult a probate attorney for assistance.
Answered on May 15th, 2013 at 7:26 PM
Unless there is some sort of emergency, there is no reason to sell any property while the will is being contested. The authority of a power of attorney document ends once the person granting the power dies. Only the executor/personal representative of the estate has the power to sell a decedent's assets. However, if your step-brother's name is also on the title to the land, he may have authority under certain circumstances to sell the property.
Answered on May 15th, 2013 at 7:25 PM
Corporate Attorney serving Omaha, NE
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Govier, Katskee, Suing & Maxell, P.C., L.L.O.
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The power of attorney authority is no longer valid. It died at the same time that your father died. Whoever is named to be in charge of the Will is the person who would have the authority to handle the land so long as the land is in your father's estate.
Answered on May 15th, 2013 at 7:13 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Powers of attorney expire the day the person granted it dies so he does not have the legal authority to sell the property. Contact the listing Realtor and the title company by sending a letter that your father is already dead.
Answered on May 15th, 2013 at 7:04 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. Power of attorney is not valid after death. If you know anybody else involved with the sale (buyer, broker, escrow office or title comp?) be sure to let them know your father is dead.
Answered on May 15th, 2013 at 7:04 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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He cannot use a power of attorney after the death of the principal.
Answered on May 15th, 2013 at 7:03 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Power of attorney terminates at death, so that can't be used to transfer title to the property. Contact the attorney handling the succession and find out, in detail, what is going on. He/she has an obligation to tell you.
Answered on May 15th, 2013 at 7:03 PM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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No and you need to file something in order to cloud title and prevent the sale. Record with the county recorders office in the county that the land is located under the parcel number a memorandum or notice of estate dispute.
Answered on May 15th, 2013 at 7:03 PM