Legal Question in Wills and Trusts in Missouri

I live in Missouri, my father recently passed away. I am on title of home with him with joint tenancy with right to survivorship. He lef no will,he did not want anything to go to probate.Iam tryin to take over his mortgage payments . The mortgage company says I need power of attorney, how do I go about obtaining said power of attorney. I really can not afford a lawyer due to his final expenses.


Asked on 4/10/10, 6:17 am

1 Answer from Attorneys
Richard Herndon Richard J. Herndon, Attorney at Law

The mortgage company is obviously confused. Even if your father had prepared a Power of Attorney, it is no good now. Powers of Attorney die with the person who made it, and obviously

Insofar as the mortgage, why don't you just keep writing checks? I can't imagine the lender will be very excited so long as the property is insured and they keep getting payments.

Are you also on the loan? Were you a joint owner when the loan was taken out? If you are, I strongly suspect you are a borrower as well. If so nothing should be necessary.

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Answered on 4/15/10, 7:32 am


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