Can my sister use a power of attorney from me to close on Mom's house?

Question

My sister is executor of Mom's will. We are closing on her house. The house is still in Mom's name. We are the only two inheritors. My sister says I can grant her power of attorney and she can sign all the papers legally. She also says our husbands do not need to sign anything because it is an inheritance. Is this correct?

The will has been probated in court. The will only says that we inherit equally. It is not very detailed. She is supposed to talk to the attorney, but she is often tardy and I work a weird schedule and it is a 5 hour drive. And I like more planning time than she often gives me....Thanks!

Answer 1

Sorry for your loss. Sounds correct to me--common practice. Why can't you sign in person. A power-of-attorney is a formal paper that you will have to have drawn up by an attorney and you will sign it. FYI--inheritance money does not become a marital asset. So if you ever split, and you've stashed that money away, your husband doesn't get half or any part of it. Same is true if a man inherits something.

Answer 2

I have a feeling that this is about to be screwed up.

Usually, a Will either says that the Executrix has the power to sell the house, or who is to receive it.

If the Executrix has that power, she doesn't need your Power of Attorney, she can do this on her own. However, before the Executrix REALLY has that power, she needs to be recognized by Probate as the Executrix. If she's done that, then the Court also would probably need to approve the sale. I don't expect that's been done, or you wouldn't be asking if this is okay.

If the Will says the house is to go to one or more specific persons, then she does need your signature, and if the Buyer's attorney knows what he's doing, he'll want those people's spouses signatures as well, at least in most states, where a spouse gets an interest in any real estate acquired during the marriage.

I'm guessing no one has involved an attorney, and you are quite possibly "probating" this Will without going through Probate court.

The Buyers are gonna be really mad if they find out that the Deed is improper.

Someone needs to hire an attorney.

Answer 3

Yes, you can grant your sister a limited power of attorney, giving her the right to sign on your behalf. This can be limited in any way that is appropriate - it's all in how the document is worded. This is often convenient when all the parties involved are not in the same area.

Simple transfer of your mom's property into your name and your sister's name should not require the signatures of your respective husbands. However, depending upon the laws of your state, the husbands might well wind up with an ownership interest.

If you are selling mom's house to a third party - things mnight be a bit stickier. I think an attorney around here might want to see your respective husbands' signatures on the deed, as they may have an interest in your inheritance by virtue iof being married to you.

Best answer here - consult an attorney. If you have doubt about about your sister's honesty.. consult your *own* attorney, not the one that she has retained.

Answer 4

Ok, I didn't read all the answers, but here is the info that I know and have been told. (I am former Navy and my hubby is still active duty) A general POA is good for most general thing. However, to do anything w/ his LES and the such you need a SPECIFIC. I know, I know I never heard of that in the 8 1/2 yrs that I was in, but I learned the hard way. Most credit card companies will talk to you w/ a General, except Discover (this is just an example for you) Anyway, Discover wants a SPECIFIC POA and until they have one they will not discuss ANYTHING with you. It is the same with all the other stuff that you need to do. I know that he's in Iraq and is quite busy, but he needs to have the JAG officer (or whomever gives out POA's) to draw up a SPECIFIC POA for you so that you can go to school, have his pay discussed w/ you, etc. I really hope that this helps and I hope that you can get it all worked out. It's not any particular service and most JAG officers are not aware that certain companies (the military pay offices as well) need to have the specific instead of the general. They always tell the sailors that you will be covered w/ a general, but my hubby (for his upcoming deployment) will have both....just in case. Good luck and I will pray for the safe return of your hubby!!

Answer 5

Why would you need to grant her power of attorney? I'd be suspicious. Couldn't you both get together to sign papers? She could be Executor of the Estate, and you would still have say in what happens. Speak to your own attorney. Sounds like she's trying to pull a fast one.

Answer 6

When you give your sister a limited power of attorney, anything she does within those limitations is the same as though you had done it. If you and your sister are the only inheritor's of the house under the terms of the will, then she is correct.

Answer 7

No. If your sister is executor she needs nothing from you to close on the sale. Something sounds fishy here. Do NOT give her any power of attorney until you consult with YOUR attorney first!

Answer 8

Is your mom dead? Sorry but it was unclear..

Assuming your mom is deceased, in most states your sister must be appointed as executor fo her estate by court of compentent juridisction .. usually a probate court. A simple power of attorney by you (in your capactiy as an heir) will not be enough to legally sell the house and provide a "marketable" title in most instances.

Further, as executor of a will only she will need to sign unless it is a supervised estate and you object, etc.

I would advise your sister and you to find a local attorney to begin the probate process.

Your husbands do not need to sign unless your mom's will explicity gives them a share of her estate.

Answer 9

You may get royally screwed depending on the state and married parties are not entitled to inheritence.

Answer 10

you have POA, shes the ADM. wheres
the attorney that drew up all the papers? arent they suppose to be the advisor?