Do we have to wait for my brother to sell my mothers home before reading the will? 13 Answers as of February 17, 2012

My brother was power of attorney over my mother. She died one week ago. Do we have to wait for my brother to sell my mother's home before the reading of the will?

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
A power of attorney dies with the maker. So if your brother has not sold the property, and now mother is deceased, he cannot use the power of attorney to sell the property. The property, if titled in your mother's name, will need to go through probate. A Will can be read at any time. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates. We are providing a valuable service to you at a discounted rate. If you are interested in making an appointment with one of our attorneys, please contact Michelle at 702 873 9500. She will need to gather some initial data from you and run a conflicts check before an appointment may be set. Our web site, , can provide you with more information about the law firm and our attorneys. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answer Applies to: Nevada
Replied: 11/18/2011
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
No. The power of attorney, which is no longer in effect upon your mother's passing, does not provide authority to sell property or other assets of the estate.
Answer Applies to: Indiana
Replied: 11/17/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Any authority your brother had under the Power of Attorney ceased when your mother died. Assuming that your mother's home was titled in her name when your mother died, your brother would have no authority or ability to sell it unless he is appointed as Personal Representative of the estate by a court or court administrator.
Answer Applies to: Minnesota
Replied: 11/17/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Homes aren't sold before probate. If he's trying to do that, you need to get a lawyer.
Answer Applies to: Georgia
Replied: 11/16/2011
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
I am assuming that you are in Oregon and that Oregon law applies, You have a right to have a copy of your mother's Will regardless of what happens to the house. The treatment of the house depends on how the title was held at time of her death. If it was held in a trust or in a joint tenancy it may have passed outside the Will. Otherwise, the Will is likely to control.
Answer Applies to: Oregon
Replied: 11/16/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    His status as agent under a power of attorney died with your mother. Someone will need to be appointed personal representative in order to sell her house. Once someone petitions for probate and to be named personal representative, the will will be in the court's file for anyone to see. IMHO there is no reason for secrecy in handling the estate of a deceased person. Everything should happen in the sunshine, according to Oregon law and your Mom's will, and in that way everyone gets what your Mom wanted them to have and the whole family can stay friends.
    Answer Applies to: Oregon
    Replied: 11/16/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    There is no requirement that you wait any period of time to "read" a will.A Power of Attorney, ends, ceases, is no longervalid, when the person who granted the power takes their last breath. The home likely can not be sold byyour brother, until the will is admitted to probate court.
    Answer Applies to: Alabama
    Replied: 11/16/2011
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    No. The power of attorney ceases to have legal effect on your mother's death. He has no legal authority to do anything using the power of attorney. You should proceed to have the will probated and the personal representative (executor) can sell the home.
    Answer Applies to: Oregon
    Replied: 11/16/2011
    Law Offices of Lorenzo L. Angelino | Lorenzo L. Angelino
    Although every situation can be different, if your brother was only named power of attorney for your mother, this does not allow him to sell the home or any assets if there is a different directive in the your mother's Will, hence, the Will should be disclosed first. The timing can be affected if the home was already under contract to be sold and he is merely carrying out the terms of that contract in a timely manner.
    Answer Applies to: New York
    Replied: 11/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Any Power Of Attorney ceased at the time of her death. Therefore there is no ability to sell the house based on the Power Of Attorney. What control now is the will. The will needs to be read as to who is the executor of the estate and what is to be done with the assets of the estate. Also, the executor has no right to sell the house unless a probate is opened and they are made executor by the court and given the power to sell by the court.
    Answer Applies to: California
    Replied: 11/16/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    You should consult a probate attorney in your area. I do not believe that your brother has the ability to sell the home now, as it belongs to your mother's estate since the date of her death. In all likelihood, an estate will have to be opened, as the property will have to be transferred by a Personal Representative's Deed.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    NO. You should be given a copy of the Will when it is probated.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Siegel & Siegel, P.C. | Sharon M. Siegel
    A will reading is from the movies. It is not required, and frankly, rarely done. If you think your brother did something improper, you have to be the first to get to court, and fast. Call a lawyer to determine your rights.
    Answer Applies to: New York
    Replied: 11/16/2011
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