New Buffalo, MI asked in Real Estate Law and Probate for Indiana

Q: Living in deceased parents home since 2010. Sister is executor of mortgage does she still have power of attorney

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Probate Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: You're using terms that don't make any sense in this context. A person can be the executor of an estate. This happens after the person passes away and the probate process begins. The executor is in charge of the estate. The probate process passes along the former living's assets, including real property like your parents' home. Unless there is some extreme litigation, the estate is most likely closed at this point. Someone owns the home and if it's not you, you should find out.

Power of Attorney designation terminates at the time of the principal's death. Therefore it is not still in effect after your parents' death.

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