Legal Question in Real Estate Law in Alabama
Selling Real Estate with out a Will
If the father dies and his name is only on the deed.the
mother is Incompentent and in nursing home.Daugther has a
durable Power Of Attorney can she sell the House?
Asked on 11/05/02, 11:56 am
2 Answers from Attorneys
Michael McNair
M. S. McNair, Attorney-at-Law, P.C.
Re: Selling Real Estate with out a Will
A power of attorney would probably allow the attorney-in-fact to sell on behalf of the widow, but if the deed was only in the name of the deceased husband, then you need to contact an attorney familiar with probate and see if an estate needs to be opened.
Answered on 11/06/02, 1:57 pm
Robert Kreitlein
Robert Kreitlein, Attorney at Law
Re: Selling Real Estate with out a Will
Generally, yes. Only with a limited POA-which would only allow certain transactions-would this be a problem. If it's contemplated by the language in the POA, the attorney-in-fact can do it.
Answered on 11/05/02, 3:49 pm
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