Is a Power of Attorney enough to be able to sell the home of the deceased if there is a mortgage?
Full Question:
Person A named Person B general Power of Attorney. Person B had been caring for Person A who just recently became deceased. The Power of Attorney has a clause stating "This Power of Attorney is not affected by the subsequent disability of the principal." Person B is now wanting to sell the home in which Person A once lived in before they had died. The bank holds the deed to the home and the bank will not allow Person B to sell the home. Should Person B with Power of Attorney be able to sell the home?
01/05/2007 |
Category: Power of Attorney |
State: Alabama |
#123
Answer:
No, the bank is correct because the Power of Attorney is no longer valid. The clause in the Power of Attorney refers to principals who are disabled, but still alive. The clause makes the Power of Attorney durable, effective even though Person A has become disabled, but the Durable Power of Attorney ends when the principal dies.The executor of Person A's will or the estate administrator (if Person A died without a will), are the only people who must handle the sale of Person A's home, if necessary.
