Legal Question in Real Estate Law in California
Power of Attorney to sell property in case of death
I am selling my home and would like to know If I pass away before the home is sold can I give power of Attorney to my daughter to sell after my death?
3 Answers from Attorneys
Re: Power of Attorney to sell property in case of death
No, the power of attorney will become void if or when you die. You need to integrate the house sale deal into your estate plan (will, trust, etc.).
Re: Power of Attorney to sell property in case of death
I agree that a power of attorney will not work, becaue they do not continue after the principle's death. However, if you have already entered into an agreement to sell the property, your estate (i.e., your personal representative) will be able to sell the property; indeed it will be contractually bound to finalize the sale. If you have a will, the person named in the will as your executor would be appointed as your personal representative, and that person will simply act in your place.
Re: Power of Attorney to sell property in case of death
There are better ways to achieve your goal than with a power of attorney, which is only effective while you're alive.
Why do you care about having the property sold after you die?
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