My father-in-law died 7 months ago, his power of attorney was held by his lawyer who has been great until now. We are in the middle of trying to sell my father-in-law's home and the attorney just says he is done. Which we disagree with because there is someone on the will who will cause problems. Can the person with power of attorney just walk away like that?
By Susan
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A Power of Attorney ceases upon death. Maybe that is what he means by "he is done." Depending upon the laws of your state, distribution will have to be done by an executor (if there was a will), or administrator (if there was no will). Our state has students of law who will answer legal questions for free. You might check this out with your local government office.
The attorney's "duties" with a POA ended when your father died.
Any duties of this nature will now fall to the executor of the will (which may be this attorney?) or if no will then you will probably have to hire an attorney to help you with legal matters.
Who gave you legal "right" to sell the house and who is deciding how the money received will be divided?
Was there a will stating how property was to be handled?
Did the will go through probate?
These are questions that only you know and what anyone assisting you will need to know. I feel sure you will need an attorney who will know how to handle all of this.
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