Legal Question in Real Estate Law in Arizona
Transferring power of attorney to sell real estate
My brother has general power of attorney, I am listed as next in line in our Mother's trust. Since she passed away last Nov. '05 he has been living in her house. He wants to move to another state, so I will take over the sale of her property. What form do we need for him to transfer power of attorney to me?
Thank you.
1 Answer from Attorneys
Re: Transferring power of attorney to sell real estate
You were wise to seek an opinion, because you are on the wrong track but can undoubtedly easily get on the right track. Power of attorney lapses immediately upon the death of the principal, so there is no possibility of acting with the power of attorney and you would not be able to sell the house or function with the power of attorney. If the trust contains the house, the trust will provide for a successor trustee, and that trustee can sell the house. I would advise you to allow an estate attorney to examine the trust and will, as well as determine the status of the deed to the house to see how you should proceed. We offer free, no obligation consulations to do just that. Call 480.835.1500 if you would like to speak with me personally. Please bring all estate documents and the deed to the house to the consultation. Best regards.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
