Does a property have to go through probate if the heir has Power of Attorney?
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Does a property have to go through probate if the heir has Power of Attorney?
There is no will. The daughter has power of attorney. The mother has passed and
had a reverse mortgage so time is of the essence for them.
Asked on June 17, 2019 under Estate Planning, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A POA terminates upon the death of the grantor. Even still, an estate needs to be probated Unless it is a "small estate" in which case more simplified procedures an apply.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it would have to go through probate because the power of attorney (POA) is no longer valid. A power of attorney ceases when the principal (the person granting it) passes away: only living people can have powers of attorney, and a POA conveys no power or authority over a deceased's assets. The POA is no longer relevant.
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