Can a POA sell property willed to another family member?

3 answers | Last updated: Sep 15, 2016
A fellow caregiver asked...

Parents are still alive. Brother is the POA over their healthcare and finances. They have several properties but he keeps threatening to sell the house willed to me, that I am living in with my two children.



Community Answers

A fellow caregiver answered...

Depending on the powers granted by the POA he holds, yes, he can. Many POAs specifically grant the power to buy or sell real estate. The will does not enter into the picture until after your parents' deaths, at which point the POA ceases to exist and the will takes over. The administrator of their estates is bound by that document.


A fellow caregiver answered...

Just a reminder that the power of attorney is supposed to make those decisions/choices when the parents are no longer able to. Have the parents been determined incapacitated or unable to give informed consent by either a doctor or a court of law? If not, perhaps the sibling living in the house should talk to the parents about it. They may not know that brother is threatening the other with the sale. If they are still able to give informed consent, they may wish to gift the house now, instead of at their death.


A fellow caregiver answered...

Definitely find out if your parents know what brother has threatened. Why is he doing this? Money? Other siblings? If so, do they know? Why did brother receive POA? Do you and brother agree on healthcare aspects of POA? Simple POA or Durable POA? Very important to know. FIND OUT everything you can about state's laws regarding POA's, etc. Go on line!! Sounds as if there is more to the situation than info presented. Family dynamics? So who is the executor of the will?


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