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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36580
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My Mother passed away on October 2nd. I have POA. There is a

Customer Question

My Mother passed away on October 2nd. I have POA. There is a property that is being sold that she had signed on with my son. My son is selling the property and they are asking that my sister sign off authorizing me to liquidate the estate. My mother and this sister were estranged and she has no right. In fact, it was signed with my son and my mother, not the sister.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: In what respect?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Are you a computer
JA: No. I'm the Lawyer's Assistant.
Customer: Ok, no I would like to talk with the attorney
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear of your loss.. please accept my condolences..

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Are you saying that mother and your son were both on the deed to the property?

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Who is "they" who are asking your sister to sign off on any sale?

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Are you asking how to go about getting the sale completed?

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thanks

Barrister

Customer: replied 8 months ago.

I am asking how to get the sale completed.

Expert:  Barrister replied 8 months ago.

Ok, so was mother and your son on the deed as the owners?

Customer: replied 8 months ago.

Yes

Expert:  Barrister replied 8 months ago.

Ok, then someone is going to have to open up a probate case for mother and be appointed as the representative to settle her estate. A POA expires upon the death of the grantor, so that is legally void now and can't be used to do anything.

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As it stands right now, son and mother's estate own the property and only the rep of the estate would have the power to do anything with the half of the property that mother's estate now owns.

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The problem here is that on top of having to go through mother's estate to be able to sell, her estate owns half the property so half the proceeds of the house would go into her estate and would then descend according to her will or to her heirs at law, who would be all her children, or their heirs, equally.

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So sister doesn't really have anything to do with the sale other than being entitled to some portion of the proceeds from mother's estate if mother didn't have a will that excluded her from inheriting..

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thanks

Barrister

Customer: replied 8 months ago.

Hello and sorry for delays in between our communication.

I am preparing something for sister to sign and I wanted to present it to you to see if I am even close to what needs to be agreed upon.


Regarding the Estate of Alice ***** *****

I Kathryn Andrews - Joseph, the daughter of the deceased, authorize Brian Andrews, son of the deceased, to continue enforcement of the Power of the Attorney originally in place at the time of death.

Expert:  Barrister replied 8 months ago.

Ok, no... that isn't going to work... As a matter of law, once someone dies, any POA is void automatically. It can't be used ever again..

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Now she can sign something stating that she doesn't object to son being appointed executor of the estate...that is fine. And then son can go and file a petition in probate court to be appointed as Administrator of the estate so he can settle grandmother's estate..

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This is all about son, who owns 50% and mother's estate, which owns the other 50%... Sister doesn't really have anything to do with it..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister