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    relode's Avatar
    relode Posts: 1, Reputation: 1
    New Member

    Apr 2, 2008, 07:21 PM
    Sell of deceased owners home
    DECEASED homeowner property. I have power of attorney . Family wants to sell home now,but there is a unsecured loan on property. Can they seek payment after home is sold? Would I (power of attorney) be responsible to pay?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Apr 2, 2008, 07:43 PM
    No you don't have power of attorney, power of attorney allows you to sign for the person who gives you power of attorney,
    BUT>>>>> power of attorney ends at the time of death

    So what you need is to be executor of the estate. So this will have to go to probate court.

    Next if there is a loan on the property, it is not unsecured, if it is on the property it is secured.

    But at probate all of the debts have to be paid from any money received from the sell of the property, so all of the deceased debts, hospital bills, credit card bills, electric bills, tax bills, all have to be paid from the money of the house being sold before anyone gets any money.

    So no, you can not do anything as POA.

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