Can I sell my mother’s home after she passes away?
5 attorney answers
First, my condolences. The durable power is unenforceable once your mother passed. You will need to file a probate, in Northern Palm Beach County where she resided, in order to sell the property. This assumes that the deed was in her name only. The mortgage lender will expect that association dues, taxes and insurance are paid and you need to sell as soon as practical.
First, my sympathies over your mother's passing to you and your entire family. At the worst time while grieving it is always difficult to address and handle the legal and financial aspects that are often triggered upon an individual's death. Unfortunately, the Power of Attorney your mother executed for you terminated when she passed away and can no longer be used to authorize you to handle these issues. As you suspect, which is likely what motivated for you to post this question in the category of Probate, you will likely need and want to enter Probate for several reasons, including having the authority to sell the property as intended. A Last Will & Testament does not keep an individual's assets from going through probate administration; rather, that is the legal instrument that tells the Probate Court how the Decedent wishes to have the property devised and to whom. You will likely need and want to have a Petition of Homestead Status entered to keep potential other creditors barred from raising claims, which requires Probate Administration. First, you will need to file the Original of that document with the Probate Court, with the Death Certificate and Petition the Court to approve the document deposited and Petition the Court to have you recognized as the Personal Representative ("Executor") of the Estate, even if the Last Will & Testament designates you as such. It is wonderful and usually very helpful to expedite issues that all of the siblings are in agreement but the Probate Court must approve, as well. All of this needs to reviewed with an attorney, as the Court will likely require you to retain counsel to assist you with this matter. Again, my deepest condolences to you and your family. Best Wishes and Good Luck with your endeavors!
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I am sorry your mother has passed. Unfortunately all authority you had under the Durable Power of Attorney died with her. You will need to open a probate matter as soon as possible to transfer the home so that it can be sold. Once the reverse mortgage company discovers your mother is deceased they will impose obligations on you regarding the home and giving you distinct timelines. You need to get in front of those issues and show you are moving forward with a probate and sale of the home. You need to contact a florida probate attorney asap to start the process.
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I am very sorry for your loss and the passing of your mom, please accept my condolences for you and your family. The Power of Attorney ceased being of use on the passing of your mom. You will need to speak with a Florida Probate Attorney and you will need to work with one as this is a probate matter that will need to be addressed by the probate court. While the property is likely Homestead, you will need to do a specific filing to address the Homestead aspect of the property and the estate. You should make a copy of the property deed and the Will and have an attorney look at it and review it and as you provide additional details and specifics an attorney can better advise you on your next steps and options. Until a probate is commenced and orders signed by a judge you will be able to do nothing with the property or any other assets in the name of your mom alone.
Your narrative is an illustration of why it is so important (perhaps essential) to sit down with an attorney after a loved one passes, to obtain advice about what steps are required to enable the sale of a home or other assets. The "powers" of the Power of Attorney ended the moment your mother died. Now a small type of probate (estate administration is needed), as her home passed to the five of you upon her death, but without an Order Determining Homestead Status of Real Property (which confirms the transfer of ownership, no title company will insure title (which means no one can convey marketable title until the Order is entered). Had any family member sat down with an attorney in September, the necessary probate work could have been completed by now, in many instances. The sooner an experienced probate attorney is consulted with and hired, the sooner the property can be sold. As the homestead, all five beneficiaries will need to sign all listing and closing documents.
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