Can Durable Power of Attorney sell a car or real estate?

Attorney answers (2)

1. Licensed in MO

   

   Keenan M. Post

   Shawnee Mission Estate Planning Attorney

   Contributor Level 14

   Answered August 15, 2009 19:48. View the specific terms of the POA. If silent you must consult MO law. In either case, if the assets are sold the proceeds must be held for the benefit of your mother for her entire life. It could be difficult for you to do new TOD on account with proceeds; she may have TOD account with you on it already that would suffice. This can be a sticky situation, especially if there are other living children.
   
   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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2. 

   Frank A Selden

   Bellevue Estate Planning Attorney

   Contributor Level 15

   1

   Helpful vote

   Answered July 28, 2009 00:06. depends on the terms of the POA. most generic POAs allow for this. real estate can be tricky as the county recorder's office might want something more than the POA if it is not specific enough. i would show the poa to the county clerk's office and ask if the language is sufficient for them.

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