Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

A: No, you cannot sell the property without probating your father's estate. Your brother's children will be entitled to your brother's share of the property as well. Schedule a free consultation to get probate started so that you can sell the property.

A: No, POA terminated at principal's death. Hire a lawyer to establish heirship and/or probate, then the owner(s) can sell.

A: You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have to follow the correct probate procedure to deal with the sale of the house, whether this is probating the will or starting intestacy procedures.

A: Unfortunately, after someone dies, their power of attorney is no longer valid. So, you cannot sell your dad's house using his now invalid power of attorney. You will need to contact a probate attorney to discuss your options.

A: My condolences as I lost my mother 3 years ago and know that is extremely painful so sorry for your loss. To answer your question, No, the authority granted by the power of attorney terminated at the time your dad died. Since he didn't have a Will the rules provided by Texas's estate code will control as who gets what. Under the statute, you and your late brother would get 1/2, with his 1/2 being split among his descendants (children). You will need to contact a probate attorney and go through probate or at least get advice as to any possible alternatives to probate if that is the only asset that was held in your dad's name alone. If there are any bank/investment accounts in his name, then you will need to go through probate. Look here on Justia for an attorney that does probate in or near the county where your father died.