Q: How do I sell property, legally willed to me, that has not been probated. I own 18 of 200 acres of a family estate.
There's one person with POA. Not willing to probate because they don't want it sold. My Mother's Fam. Estate
A:
A Power of Attorney ceases to have any legal effect when the person who granted it dies.
If your mother left a Will, the person she named as executor or, if that person will not act, anyone named as a beneficiary may apply to probate the Will.
If she did not, any heir may apply.
Contact a probate lawyer in the county where your mother died or where the land is located. The person who does not want the property sold can buy out the other heirs or see the property sold and receive his or her share of the proceeds. The others can force this through a Petition for Partition, the common way estates were settled in 19th century America.
A:
A power of attorney ceases to grant authority when the person who made it passes away. The will needs to be probated within four years of her passing, or the property will pass by descent and distribution to your mother's heirs. If the executor named in the will or whoever is in possession of the original will refuses to probate it, you can compel the delivery of the will to the County Clerk and file your own application to probate the will.
A suit for partition may still be necessary for you to sell your interest in the real estate once you've established your title to the property.
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