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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55705
Experience:  29 years of experience practicing law, including tax and estate planning.
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In reference to estate division and making it simple. My Mom

Customer Question

In reference to estate division and making it simple. My Mom died she wouldn't make a will, now there is her house who none of the 4 siblings claims has power of attorney. 2 siblings are interested in sharing power of attorney to sell the house and divide the money up 4 ways equally after any expenses are recouped. Some of the people in this family are less than honest so we want to make the paperwork agreement simple and final. I am on here to see if there is a legal document that does that and for any advice on wording as not to insult people so this can just get done.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Given that your mom is deceased, a power of attorney is no longer a valid option. A power of attorney had no validity with respect to a deceased person's estate. Rather, one of you needs to file a petition with the probate court in the county in which the property is located to be appointed the executor of her estate. The court will issue documentation evidencing that appointment and it's that authorization that will give the executor the legal authority to sell the house. Since there is no will, the state intestate succession laws apply, which (presuming no surviving spouse) means that the children divide the sale proceeds equally. This is not a complicated process but because there are multiple beneficiaries, you will be required to have an attorney file the petition to appoint the executor. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated process, so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

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