Typically, when a person passes away, any and all powers of attorney that were given before death become void and, therefore, become useless. You did not specify what type of asset or property you are dealing with (e.g., real estate, car, etc.). Can you tell us what type of property you are trying to deal with?
In any event, to get the title to that property from the name of your deceased husband to you or any other heir, you will need a court order authorizing the transfer and then the personal representative, relying on that court order, would prepare a deed that distributes the proeprty to the heir(s).
Most states have summary or quick probate procedures for instances where the value of the property in question is not too high or if the property in question is of a particular type of property. These summary procedures are usually less expensive than a full blown probate. But again, whether you can use these procedures will depend on the value and type of the asset.
You need to check with someone in your area to give you particulars. When you do meet with someone, you should be sure to have a list of all the property / assets that you need help with. In the case of real estate, you should at least have the deed to the property and the name, address, and number of the lender (if any). If there is a car, have the mileage, registration and the name, address, and number of the lender (if any). For all other assets, bring the most recent account statement (I know you said there is no money, but I didn't know if you were also referring to stocks, IRAs, life insurance, etc.). Also bring a list of creditors, if any with balances owed and account numbers.
This is not specific legal or tax advice. My posting this answer is for general, non-specific information only. My answering this quesiton does not establish an attorney-client relationship,
A durable power of attorney only lasts the lifetime of the principle and after the principle dies it is no longer effective. A transfer of property that is in the deceased name after they die needs to go through the probate court even with a will. A deed of distribution releases title to the personal representative to distribute. The personal representative of the estate is recommended to have an a probate attorney prepare the deed of distribution so it is done properly. The cost will vary depending on the attorney.
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This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.
The other attorneys provide valuable information in regards to the POA.
You need to open an estate with the probate court. Then you need to file a deed of distribution with the register of deeds in your county. That deed needs to be filed with the court. You should use an attorney to draft the deed. If not you may have title issues that need to be sorted out in the future affecting a possible sale or transfer of the property. Court costs and filing may be minimal. The attorney may be much more expensive, but you
Depending on your situation you may need to do this immediately or you can wait to save up the money for an attorney. If you've already opened the estate there will be deadlines to meet, but you may have them extended.
The Taylor Law Office L.L.C.
Pawleys Island, SC
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