Q: My uncle recently passed away and my sister & i live in his house and are both hiers to the estate.
Can the power of attorney evict us?
No, the Power of Attorney was only valid while your uncle was alive.
The person with control over the property now is the Trustee (if it is in a Trust), or the Executor appointed by the Probate Court.
Nina Whitehurst , Gerald Barry Dorfman and James Edward Berge agree with this answer
A: The power of attorney agent no longer has authority over your uncle's assets now that he has passed away. If the house or other assets are in a trust, the trustee has control of the property. Otherwise, the probate court will appoint an executor or administrator to administer your uncle's estate.
James Edward Berge and Gerald Barry Dorfman agree with this answer
A: If you are named as his beneficiaries in his will, then as of the instant of his death, you are the owners of all property left to you in his will. A power of attorney typically does NOT survive after the principal's death.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.