Legal Question in Wills and Trusts in Utah
power of attorney
if a person dies without a will, can the other person, who has a power of attorney, sell the deceased person's property without going thru the probate process?
Asked on 5/29/07, 7:40 pm
2 Answers from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: power of attorney
No, a power of attorney ceases to be valid on the death of the grantor of the power of attorney.
Answered on 6/01/07, 10:55 am
Randy Lish
Randy M. Lish, Attorney at Law
Re: power of attorney
A power of attorney says that the holder can do anything that the grantor can do, for the benefit of the grantor. When the grantor dies, he cannot do anything, so the power of attorney ceases to be effective. The only to transfer property after death is to go through probate, unless the property is held in a trust or other similar entity.
Answered on 5/30/07, 9:51 am
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