DO I NEED A WILL IF I HAVE POWER OF ATTORNEY OVER MY MOM'S ESTATE?

Asked about 1 year ago - King George, VA

I have a sell as home that a company wants to buy but when I went to closing the company wanted to know if their was a will. Why would they want a will if I have power of attorney if my parent's both are deceased

Attorney answers (6)

  1. Rixon Charles Rafter III

    Contributor Level 20

    10

    Lawyers agree

    Answered . A durable POA is only valid during lifetime if the person granting the power. When the granting party passes, so to does a durable power of attorney. You need to consult with an attorney to determine what you do and don't have.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  2. Donna R Blaustein

    Contributor Level 13

    9

    Lawyers agree

    Answered . The power of attorney ended at death. If there was a will, that would determine who now owns the home. If there was no will, the ownership of the home would be determined under the intestate (no will) laws of the state. Either way, a probate court will need to enter an order. You need to hire an attorney to assist you.

    The above answer is not to be considered legal advice and should not be relied upon as such. You should consult... more
  3. Joseph Michael Pankowski Jr

    Contributor Level 18

    8

    Lawyers agree

    1

    Answered . As noted by counsel, a power of attorney dies with the person who executed it. It is highly likely that the property is part of one or both of your parents' estates (depending on titling) so you will need a probate court procedure in order to transfer it. Please retain an experienced estate administration attorney to provide assistance. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . POA is void upon death.
    Probating of the will is necessary for you to have legal authority
    to sell home.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  5. Evan H Farr

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . A power if attorney terminates upon the death of the person who signed te Power of Attorney. A Will might be relevant depending on how the house was titled and what the Will says. However, a Will is not typically necessary to transfer real estate after death in Virginia. If your parents both died without a Will, then the real estate probably passed to the heirs at law of the second-to-die spouse. If that is the case, you will need to contact the probate office in the Circuit Court of the County or City of death (or the County or City where the real estate is located) and file a Real Estate Affidavit / List of Heirs. This document, once recorded in the probate office, will establish who owns the property and therefore who has the right to sell it.

    Evan H. Farr can be reached at 703-691-1888 or at http://www.farrlawfirm.com. Evan is Certified as an Elder Law... more
  6. V. Jonas Urba

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . All of the attorneys who have answered your question are correct.

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