QUESTION
My oldest brother wants to sell our mother's house, lives in another state and isn't the executor, our mom died, younger brother had power of attorney
Asked on Jun 19th, 2021 on Wills and Probate - Ohio
More details to this question:
My oldest brother wanted to sell an hour after our mother died, my younger had power of attorney when she was alive, we live in Ohio he lives in Illinois
2 ANSWERS
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I agree with Ms. Garrett. A POA is no longer valid after the principal has passed away. The fate of the house depends on a few things. 1. How was title held? Was there was joint ownership or a transfer on death beneficiary? Is it owned by a Trust?
If no to (1) above, then probate is needed.
2. Is there a Will? If so, the terms of the Will dictate what happens.
3. if no Will, then Ohio's rules of descent and distribution govern. (O.R.C. 2105.06)
At the end of the day, for a definitive answer you need to sit down with a probate attorney to review your case in detail and advise you.
Best of luck.
Answered on Jun 21st, 2021 at 6:39 AM
2 Awards
A power of attorney expires with the person who granted it.
An executor's duty is to gather the assets, pay the bills and distribute the rest according to the Will (or, if there is no Will, to administer the estate and distribute the rest according to the state's laws of inheritance.) Sometimes the executor must sell the house to pay the bills. Sometimes the executor must sell the house to distribute under the Will.
If the distribution is a share in the house, anyone receiving a share may bring a suit for partition, forcing sale, and receive their share of the net proceeds. Others receiving a share in the house may buy them out or the house made be sold to a third party.
Answered on Jun 20th, 2021 at 5:36 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.