Q: Does having POA give that person absolute power of the sale of joinly owned property that was inherited?
Myself, two brothers and my sister inherited property when our Dad died. The property is for sale and we cannot agree on a selling price, deadlocked at two votes each. My sister, who has POA claims that she can make the decision without our approval and has continued to lower the price against one of my brothers and my objection. Is she correct?
A:
Your sister claims to have POA (power of attorney) for whom? Your deceased father, I presume. He no longer has a say in the matter, so neither would his attorney-in-fact. I question her authority.
How is the property titled? When you say you inherited property, do you mean that the property passed on his death to his estate, and you four are the heirs? Who is the personal representative of the estate? The probate court has the authority to approve a sale. Check with a probate expert on this once you determine the facts.
If title to the property passed because it was jointly owned by your father and your siblings and you, then a partition action could force a sale.
A:
She is incorrect. The power of attorney is only good while your father was alive. Upon death, a power of attorney expires. The property must go through supervised probate unless there is a will. On another note, when using a power of attorney in a real estate transaction, the power of attorney must be recorded in the county where the property is situated.
Good luck!
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