Legal Question in Wills and Trusts in North Carolina

Transfer Power of Attorney by Power of Attorney

I live in MD, and I am the power of attorney over my late father's estate in North Carolina. He left a significant amount of land and two houses to be divided equally by five of us. Myself and my brother are the only two who have been paying the taxes on the property over the last five years. My other three siblings refuse to agree to the division of the property so that each of us my be responsible for our own taxes. What recourse do I have as the Power of Attorney?

Can I, as the Power of Attorney, sell the property without consulting the other heirs? Can I, as the Power of Attorney have the property divided without their consent?

Can I, as the Power of Attorney,legally transfer the power of attorney over to my brother, who is one of the five heirs, and who also lives in NC?


Asked on 3/29/05, 7:38 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Transfer Power of Attorney by Power of Attorney

I am a Maryland attorney. A power of attorney becomes null and void upon the death of the grantor. In Maryland you must be appointed as a personal representative over the estate in order to pass title to real property. If you live in Maryland but have equitable interest in property in another state then you may benefit from legal representation. Contact an attorney.

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Answered on 3/29/05, 8:38 pm
Andrew Atherton Patla, Straus, Robinson & Moore, PA

Re: Transfer Power of Attorney by Power of Attorney

Your Power of Attorney became invalid when your father died. You should consult a North Carolina attorney to get assistance in administering your father's estate.

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Answered on 4/01/05, 9:13 am


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