Legal Question in Real Estate Law in Alabama
2 days before my mother passed I sold her home. I had durable power of attorney to do so. Now I need to get a deed for the buyer.
Asked on 6/16/10, 5:39 pm
1 Answer from Attorneys
James Coleman
Murchison & Howard, LLC
Did you execute the deed with the durable power of attorney before her death? If you did not, you should know that the power of attorney is completely ineffective after she dies. You can't deed the property to the person you made a deal with under the power of attorney. You may be able to deed the property using heirship affidavits, or you can open an estate. Are there other children of your mother? You should see an attorney. You can really cause yourself some trouble if you attempt to deed property without a legal right to do so.
Answered on 6/17/10, 5:35 am