my dad passes away I have the durable power of attorney, but still haven't been able to access bank account,
He also owns a house worth $800,000 property taxes are paid up for a year and he has no debt ,
I have two brothers and one sister we were to take the property and fix it up and sell and share the money evenly as brothers and sister we all agree to do this but how do I now get everything transferred
do I file anything with the courts
I can’t give you specific legal advice about this without learning the details, but you likely need to open probate with the court and have yourself or a sibling appointed executor and granted letters of administration. Powers of attorney typically aren’t helpful in this situation as they terminate upon death. An estate/probate lawyer can advise you on this. Please consult an attorney quickly since it’s typically not in the estate’s best interests to delay opening probate.
The power of attorney expired when your father passed away. If your father is the sole owner of the house, and there is no transfer on death deed, then you will need to open a probate and then it is possible you can proceed as you have proposed as long as the court and all the beneficiaries agree.
It can be a straightforward and relatively inexpensive process, but you will almost certainly need to file a probate action. Ask attorneys about the expected total spend....
I agree with all lawyers who responded. The power of attorney expired on your father's death. Because real estate is involved, you MUST file a probate action. In Washington state (and in most), you can't transfer title to real property without a probate action unless you are a surviving spouse. You should contact a lawyer. If there is no dispute about the distribution, and if there are no debts, etc. a probate action should be very straightforward but does require publication in the newspaper, notice to creditors, etc. But, it fees should still be very reasonable. The legal fees and costs for probate expenses and attorney fees will be paid from the assets of your dad's estate. You can try to probate on your own, but most probably you will need some guidance from a lawyer.
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