Can my brother sell my dad’s house with a power of attorney now that my dad has passed?

UPDATED: Aug 22, 2011

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Can my brother sell my dad’s house with a power of attorney now that my dad has passed?

My brother and I both held POA for my father who passed away 2 weeks ago from complication caused from Alzheimer disease. Prior to my father’s death, my brother had a lawyer do a quitclaim on his house so we could put the house on the market to sell to help cover his medical bills. The house has not sold yet so I need to know if my brother can proceed with the sale of the property? There is a mortgage on the house but payments have always been paid.

Asked on August 22, 2011 Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In whose name is your father's former home presently in? Your brother's? If legal title passed to your brother to this home before you father passed away (powers of attorney expire upon the death of the person giving the power), then your brother under the persumed authorized power of attorney to place title of the property in his name to sell it, can sell the home since it is in the brother's name.

As the legal owner of record for the home, your brother can enter into a contract to sell the home that was your father's and can sign any grant deed transferring title of it to a buyer in an established escrow.

I see some quick thinking by the lawyer who assisted in having the quitclaim signed by your father to your brother and recorded under the power of attorney signed by your father.

Good question.

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