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How do i obtain a power of attorney in the state of Indiana, in order to sell my deceased mother's home?

Laurel, MD |

I live in Laurel, MD but need power of attorney in the state of Indiana

Attorney Answers 3


  1. Best answer

    My condolences on your loss. A power of attorney is a document signed by a living person that grants legal authority to another person do a certain act on behalf of the grantor. The legal procedure you will need to resolve property ownership of a person who is deceased is called probate. Contact an experienced probate attorney who practices in the county where your mother died or where the house is located for precise information about the least complicated probate procedure that will meet your needs.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  2. It will not work. A Power of Attorney only applies to living folks. Now that Mom is dead, you must open an Estate and obtain letters of Administration. If she died in Indiana, you must open the Estate there. You will need an Indiana lawyer to assist you. If she died in Maryland, you will open an Estate here and ancillary proceedings in Indiana. You cannot sell the house without clearing the probate process since it may be necessary to liquidate the asset in order to pay Mom's bills.


  3. You are going to have to open a probate in the state where your mom died. If that was not Indiana, then a probate an ancillary probate will be necessary. Contact a probate attorney in Indiana.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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