Q: If you have Durable power of attorney over your Dads estate and the will was never probated, can you sell property
Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga
A: POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the grantors' source of title.
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.