QUESTION
My grandmother passed my sister had power of attorney the house she live in was owned by her does my sister still have power of attorney on the will
Asked on Sep 19th, 2017 on Wills and Probate - California
More details to this question:
Me and my sister want to buy them out but she thinks she has all say so on it and want to sell it but we want to keep in family
2 ANSWERS
3 Awards
As Mr. Price said, the property must go through probate. Generally, unless there is a will which specifically states that the house goes to someone as a gift the home must be sold and the money divided. If some heirs want to keep the home as their share of the estate, they can try to work out an agreement with the other heirs. But that can only work if there are enough other assets in the estate so that everyone gets an equal share.
Answered on Oct 09th, 2017 at 5:12 PM
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A power of attorney is terminated when the principal dies. Your sister has no more say under the power of attorney. You'll have to go through a probate process, unless there was a trust.
Answered on Oct 06th, 2017 at 6:44 PM