Legal Question in Wills and Trusts in Missouri

no will

when a person dies suddenly and leaves no will and there are two children does the house have to be put in probate before it can be sold? Daughter had power of attorney before death, is that still her title?


Asked on 12/08/01, 12:36 pm

1 Answer from Attorneys

Keith Koenigsdorf Koenigsdorf Law Office

Re: no will

If title to the house was solely in the deceased's name, the house would go through probate. The probate court could grant the estate's executor the power to sell the house. If one or more persons owned the house with the deceased as "joint tenants," there would not be probate and the title would automically pass to the surviving joint tenants, who could sell it.

The authority of an agent under a power of attorney ends upon the death of the person who wrote the power of attorney.

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Answered on 12/08/01, 5:43 pm


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