Q: grandfather passed will states house goes to sister mother has POA and hasn’t transferred name over what can sister do ?
He passed about a year ago and the will is very clear our mom is complaining of legal issues but hasn’t specified what’s holding up the transfer over to my sister what can we do?
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A: Powers of attorney automatically expire at the death of the principal, so your mother cannot use that method to transfer title to the house to your sister according to your grandfather's will. Wills are administered according to a process called probate. Most of the time this requires a court proceeding, but sometimes it can be accomplished by a more streamlined process if the estate is very small. If your mother is the executor of the will, she needs to hire a probate attorney to assist her. If she does not do so within a reasonable time, then any person with an interest in the matter (such as you or your sister) can petition to be appointed executor of the estate.
James Edward Berge , Chris M. Bradford and Gerald Barry Dorfman agree with this answer
A: You don't have to wait for your mother to do something if you have a copy of the will. You can see a probate attorney and start a probate proceeding. At least make an appointment and get some advice. It is also possible there is a "Trust" that was signed by your grandfather. Ask your mother to see all the "will documents". They should all be together in the same envelope or notebook. Make a copy or take them and go see a probate attorney. If there is a trust you may not need a probate. When the attorney reads all the documents, she/he can give you the proper advice on how to proceed.
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