.I found out my brother transferred title to my dads house several months after his death and my question is,
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.I found out my brother transferred title to my dads house several months after his death and my question is,
My father died several months before the transfer of property to my brothers
name. My father had made my brother power of attorney and Its my understanding
that the power of attorney ceases to exist after my fathers death.
New property owner Montgomery Shane Jones
Former property owner George Edward Jones,Deceased
Redirect URL 3707 Hoyt Ave. Everett Wa, 98201
Asked on December 29, 2016 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are correct: a POA ceases to exist when the person creating it passes away; it does not survive the death of its maker. Therefore your brother did not have the legal authority to do anything with your father's property. You can, as an interested party (an heir, who presumably would have inherited a share of or interest in the home) bring a lawsuit in chancery court (a divison or part of county court) seeking a court order requiring your brother to return the home to your father's estate, so it can be properly distributed to his heirs as per the terms of his will (if he had one) or as the rules of intestate succession (if there was no will). You should retain an attorney who handles probate matters in the state (and ideally county--being closer will make things easier, as will familiariy with the local courts and judges) in which your father's home is, to bring this legal action.
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