Legal Question in Wills and Trusts in Canada
House sale before death
My Father is in the hospital, he most likely will come out, but cannot return to his home due to his health. One of my siblings has Power Attorney, and would like to sell his home right away. He thinks this will be less costly and less headache. He says otherwise if my Father dies, it will go to Probate and tie up the will for much longer then necessary.
Is this in fact the best way to go, and is it in the best interest of the other siblings who are to divide the assets at death? My Mother passed away about a year ago, and my Father has no will to live, so we suspect it may not be long before his death.
1 Answer from Attorneys
Re: House sale before death
It is true that when a person dies it is more difficult to sell his land because a grant of representation is required from the Court. The power of attorney has no force or effect when the maker of it dies. However it would be wise to consider whether there is a rising market, the cost of maintaining the property over time and your father's needs and wants most of all. Will he need the proceeds of sale to live elsewhere? Will selling the house and didposing of the contents be the last straw for him. This requires some very careful thought and the decision must be made on what is in your father's best interests. He is the only one who matters at this time.
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