QUESTION
Where do we stand on selling camp if others don’t want to sell?
Asked on Jul 07th, 2013 on Estate Planning - Michigan
More details to this question:
Both my parents died 6 years ago. My dad gave POA to my brother before he died. My mom died 3 months later. They left a camp which we would like to sell. My oldest brother died 1 year before my parents. He has 5 kids. They don't want to sell but the brother with POA, another brother and I want to sell.
16 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The power of attorney is not valid after your father's death. It sounds like you will have to go to probate court and get a judge to make the decision.
Answered on Jul 10th, 2013 at 11:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like the 5 who do not want to sell should offer to buy the rest of you out. If they cannot do so, they should not be able to hold up a sale. A review of the actual documents would be helpful, as they would likely govern.
Answered on Jul 10th, 2013 at 7:57 PM
A power of attorney is effective only during the life of the person who gives it. Once your father died, the POA had no legal significance. You could file a lawsuit to partition the property into 3 or more parts if the title is held other than in joint tenancy.
Answered on Jul 10th, 2013 at 7:57 PM
A POA ceases upon the death of the individual granting the power. Assuming both your parents left no Will, then when your father died half of his property went directly to your mother [assuming this is under California law] and the other half to all the children and your mother equally. On her death, the property went to all of her living children equally, but not to the grand children. So the five kids together should own a total of 1/20th of the property. All of you have equal ownership right so you either have to buy them out in order to sell to someone else or sue for partition [which can cost up to $15,000]. They are not going to believe that they are entitled to so little of the property so you will need a letter from an attorney citing the law and procedure [I charge $150 per hour]. You should also look at some of the chapters in the Nolo Press book on Estates and Trusts. I also assume that you never probated either estate so the title still remains in your parent's names.
Answered on Jul 10th, 2013 at 6:50 PM
First of all, every power of attorney ends immediately upon the death of the principal. Second, you don't indicate if your deceased brother's children inherited anything, including an interest in the camp, from their grandparents. As the majority of the owners want to sell, you can sell the property and divide the return among the owners according to the percentage of the property each owns. If the children don't want to sell, they could always buy out your share at a fair market value price.
Answered on Jul 10th, 2013 at 3:02 PM
Your best approach is to go to an attorney specializing in these matters to attempt a final agreement between the family members.
Answered on Jul 10th, 2013 at 2:54 PM
Thomas Edward Gates
The POA is no longer valid since it is only good while the individual is living. You did not mention whether the children of the deceased brother received his share. In any event, the 75% controls and if they do not like it they can buy the others out.
Answered on Jul 10th, 2013 at 2:48 PM
The POA is only good when the person is alive. You will need to probate the estate(s) of your father and/or mother.
Answered on Jul 10th, 2013 at 2:47 PM
It sounds like you all now own the camp jointly. If only some joint owners want to sell, you must file a partition lawsuit. The Judge will order the property sold and proceeds split. A less expensive alternative that recommend would be to go to a professional mediator and work it out without large lawyers' fees.
Answered on Jul 10th, 2013 at 2:15 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The POA died when your father died. You can file a petition into the probate court to partition the property by compelling a sale of the property and a division of the proceeds or the objecting family can buy your interest out at the forced sale or by contract to purchase.
Answered on Jul 10th, 2013 at 2:14 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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POA died with your father, it no longer has any force or effect. Your father's estate needs to be settled, then your mother's. A "camp" sounds like it might be real property, so the deed records will show who owned it. Or, it might be a timeshare, so the timeshare company will show who owned it. First you need to figure out who owns the camp; then you will know how to sell it.
Answered on Jul 10th, 2013 at 2:14 PM
2 Awards
You have to file a partition action with the court and force a sale or tell those who want to keep it to buy you out. Those are your only options.
Answered on Jul 10th, 2013 at 11:05 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, the power of attorney is void up death. Therefore, you have to open up a probate estate. The problem you have here is that both your mother and father died more than one year ago. If the camp is worth more than $40,000, then you need to do a petition to determine heirs. If the camp is worth less than $40,000, which I doubt, you can do a small estate affidavit. Either way would get the camp in the name of all the beneficiaries. Your nieces and nephews would then have the right to buy you out. If they did not have the money to buy you out, then you can file a partition lawsuit.
Answered on Jul 10th, 2013 at 11:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The POA is ineffective because your father died. Did the property go through probate? Or is it in trust? I think you need to sit down with an attorney and figure out who owns what. If the 8 of you own it, the three of you may need to go to court to force a sale of the property.
Answered on Jul 10th, 2013 at 11:04 AM
POA die with the person, the POA is not valid. You should have probated your parents estates after they died which would have legally transferred the property to the proper persons. If you did not probate, you need to now in order to do anything further. If the property is legally in the siblings names and there are differences on opinion to sell or not, then you have options to buy out the siblings that want to sell or have a court decide and partition the property. I would also question if the grandchildren have a legal right to the property. Was there a will? You need to engage an attorney to determine what you need to do.
Answered on Jul 10th, 2013 at 9:30 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The POA does not mean anything. Who is the Trustee or the Personal Representative? What do the estate planning documents state? How is the property currently titled?
Answered on Jul 10th, 2013 at 9:04 AM