POA Rights and Responsibilities When Selling Property

If my brother has a power of attorney and in the will it said our parents house has to be sold, do all siblings need to agree on selling price or can the person with the POA sell it for whatever price he wants?

By Jennie from Victoria, BC

July 26, 20110 found this helpful

I don't know about the legalities of it; but am struck by the dilemma your family is facing. Before you say anything to the brother with POA or your other siblings, bear in mind that families can fracture over such situations. You will need to decide if a few thousand dollars (or less, split many ways) is worth losing family relations over. Sometimes, once the glue that held the family together (your parents) is gone, it is far too easy to lose the relationship with siblings. I don't mean to sound preachy; but just wanted to throw a reminder your way, during a tough time. Good luck to you all.

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July 27, 20110 found this helpful

I hope you read this. POA ENDS with the person's death. The administrator takes over and the will is probated. If your brother is also the administrator you may live in a state that requires a lawyer to assist him. If so, the lawyer will see that the will is carried out correctly. The courts must approve the administrator when the will is probated.

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July 27, 20110 found this helpful

Did you mean POA or did you mean your brother is executor of the will? It makes a difference to your question.

I think you should also heed Jilson's points. This is the sort of situation that could possibly create hard feelings for years. My ex's family has drifted apart over the years since his mom passed away and small resentments simmer under the surface that prevent them from being as close as they should be.

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Anonymous Flag
November 15, 20150 found this helpful

As I am POA for husband with dementia a deed from 34 years ago was not signed and ex wife wants it signed now. I do not want to sign as do not trust situation can I refuse??

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