Estate Law Questions? Ask an Estate Lawyer.
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Can you provide me a bit more information? You mention your mother had no power of attorney, but, did she have a will? And, can you tell me the approximate value of her estate? Thanks.
Thanks for following up. I'm sorry for the delay in responding. Today was a travel day after Thanksgiving holiday. Thanks for your patience and I apologize for any inconvenience.
It would not have made any difference if there was a power of attorney as it would have terminated automatically upon your mom's death. Given the value of the house, the executor named in the will needs to file the will with the probate court so the court can issue official documentation giving the executor the authority to act on behalf of the estate. If the friend is named, then the friend would be that person unless the friend is unwilling or unable to serve. Once officially appointed, the executor would transfer title to the house to the 4 of you in equal undivided interests and then you 4 could decide what to do with the house. On the trust, the trust document will control and probate will not be necessary.
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