Q: Hi there, my mothers father recently passed from my understanding they only had a power of attorney. He was selling his
house to a lady. her lawyer thinks he can win the house on her behalf. what should my moms next step be? She wants this lady out so that she can sell the house, her attorney advised her to stop paying my mom which she has and is two months behind on payment.
What should she do? She is the only living child of his. House was only under his name.
A: A Durable Power of Attorney loses effect when the person who granted it dies. Closing documents cannot be signed by an agent under a Durable Power of Attorney from someone who is no longer living. Your mother should hire a local probate lawyer and probate her husband's estate.
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