Q: My dad passed away and left my sister power of attorney over the house he owned. It's still in his named but she owes
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control and get her to move out the house, if I pay the back taxes?
A:
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your sister) is named as the executor in your father's will, you would argue she has failed and refused to probate your father's will, so the court should instead appoint you as the independent administrator of your father's estate.
You can then loan the money to your father's estate to pay the back taxes, ask the court for authority to sell the property, and ask the court to order that you be repaid from the proceeds before dividing the remainder among your father's heirs.
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