Philadelphia, PA asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia

Q: Mom died in 2016,brother removed from court as her poa in jan.2016,I'm administrator now can I sell house without him

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies unless it has been voided earlier or unless the decedent named the agent as her executor in a Will. He has no power under the power of attorney once she dies. While the title to the house passes to the heirs on death in Virginia, the executor can petition the court to sell it to cover expenses or meet the terms of the Will.

Ben F Meek III
Ben F Meek III
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: Mr. Sternberg is right that powers of attorney terminate when the principal (the person who granted the power) dies. If you have been appointed administrator of your mom's probate estate, however, you will probably need court permission to sell the property before the end of the probate proceedings. If you're not required to sell the property to pay creditors of the estate, the heirs can agree to sell the property after the end of the probate. Talk to an experienced probate lawyer in your are for specific advice. Good luck.

My comments here are for general information only and are not legal advice about your specific situation nor do they establish an attorney-client relationship. Consult a lawyer in your state for advice about your particular issues.

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