Charlotte, NC asked in Real Estate Law and Estate Planning for Georgia

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

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

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.

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