Q: Father died-no will. Son lives in home, was POA. Can he file to transfer home ownership to self? No finances at all.
I am this man's pastor. Seeking legal advice for him. He has limited mental abilities, and insufficient income to handle on his own. He may need to try to sell part of property to even survive.
A: The POA terminated upon the death of the father, so son now has no legal authority to do anything with the property or father's accounts or other assets of his estate. If the home was owned jointly with father with right of survivorship with son, then that transfer can be made by filing the death certificate. If not, then probate of father's estate will be required. If son is not mentally competent, he cannot probate the estate so a family member or someone else will have to do it. If son is not mentally competent, he also may need a guardian appointed. Perhaps someone in the congregation can take responsibility to help him find the legal assistance he needs, and to sign up for public assistance programs and housing, if the house must be sold. Use the Find a Lawyer tab to contact local attorneys who handle probate of estates and guardianships.
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