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Can court appointed executor give Power of Attorney to someone else without court approval

My dad died w/o will, his wife was appionted executor in probate court in Tennessee over 18 months ago. Just found out she gave someone else power of attorney for selling property, vehicles etc of the estate. She did not notify myself or sister, legal heirs, or the court. Can she do this without going through the probate court since they appointed her executor? Most all the vehicles, boat, plane and travel trailer were titled and registered in Georgia. Dad had 2 properties in Ga and 1 in Tn. This person is selling things at extremely low prices, ex: 1960 Corvette for $1000.00

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Attorney answers (3)

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Reputation Level 13
The short answer is no. The administrator is charged with handling these matters. There must be an ancillary administration in Georgia or the transfers could be deemed invalid.
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Reputation Level 14
First, your stepmother was likely not appointed Executor as an Executor is named in a Will - she is likely the administrator or personal representative - no big deal but words matter.

Depending on the type of probate administration - simplified vs. supervised - the court may or may not need to be involved in ongoing affairs. That said, however, an admin. has a duty to maximize the value realized for estate assets considering all facts and circumstances. So, just because a sales price may be low, you must consider that price in light of all relevant facts. For example, you would typically be better off to take 10% less for an asset that might be hard to sell rather than risking the market getting worse, continuing to pay taxes, insurance and maintenance, etc. However, if a price is ridiculously low, and/or if the assets are sold to related individuals and/or friends, you should bring that to the attention of the court for review. At a minimum they should offer the assets to the family at the same price they are willing to sell to unrelated parties - I am sure you would have paid $1100 for the Corvette - a 10% increase to the overall estate - not bad.

Good luck..

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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Avvo Pro

Reputation Level 11
No. A Power of Attorney ceases at deathIn New York State.
See an attorney who concentrates in this area in your state to double check.
Robert L Brenna Jr.
Brenna Brenna And Boyce PLLC
Rochester New York 14614
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