Crushed, please help me.

abc123

My parents are moving from Texas back to Louisiana. Dad has DPOA over mom. His real estate agent just called him and said if my mom happens to die before the house is sold he will have to go through the probate process, which will be long and stressful. Blah blah blah. 

It has always been my understanding that the reason people obtain a DPOA is for situations that occur after death. Crushed, am I incorrect? Please advise.

Sincerely,

abc123

toolbeltexpert

I am in Tennessee and I have a dpoa for my dw and her sister is the second. I had it made out to include heatlh and financial.  I quick read of the dpoa should help clear that up. My sil should be able to sell our house if I pass as long as dw is alive. It maybe that real estate agent isn't up on this? I did have to register the dpoa with the register of deeds so it would clear the way for a sale without dw signature. Hoping for quick clarity abc

Jo C.

While waiting for a response; do your parents have a Trust as well as DPOAs?  If so, that will spell out specifics in detail and will avoid probate.  Also, are your parents Joint Owners of the property with right of survivorship?  That too may well avoid probate.  Here are some articles to scan re Texa as states can differ from one another regarding Probate Law while you are waiting to hear from Crushed:

https://www.nolo.com/legal-encyclopedia/texas-avoiding-probate-31945.html

https://www.forbeslawoffice.com/probate/texas-probate-guide/

Good luck, so hope it all goes well,

J.

Marta

POA ends at death.

JJ401

I'd call the attorney who wrote the dpoa and ask if the real estate agent is correct.

Usually a poa ends at death. Married couples, who own property, usually title it as joint with right of survivorship. This type of deed usually transfers the property interest without probate.

Unless there is some special circumstance that you have not stated, the agent is wrong, and your dad may want to find a new real estate agent.

Quilting brings calm

Yes all POAs end at death.  

But - you need the  following questions answered: 

What does the deed say in terms of the names of owners?  And if both of your parents, was it deeded with rights of survivorship?  

Do your parents have wills?  Or a trust?  Or neither. 

It should only have to go through probate if there was no trust or if it wasn’t deeded to both of them with rights of survivorship.  Probate is done with wills if there is real estate that passes to the estate.  

towhee

1) The primary purpose of the real estate agent is to get as big a commission as possible, as soon as possible. How ethical they are in doing that varies. It sounds like the agent is putting pressure on your father to sell quickly. The relator is not a real estate attorney, or an estate lawyer. Advise your father only to listen to advice from a lawyer.

2)Your mother will pass away no matter what state she is in. Maybe it would make a probate difference, maybe not. But, dragging your mother across the country in her current hospice state might hasten her death. She might even pass away on the way, not comfortably in her bed with her family around.  Ask your father if he is willing to risk that for a financial gain which he is not even sure about.

3) Yes, going thru probate is takes a while, and is a paperwork hassle. Unless your mother is a multimillionaire in her own right, it is not however the zombie apocalypse. Your father has an income of his own to live on, and a place to stay with you during the process.

4) A DPOA is only valid while the person who has given it is alive. When that person dies, financial control goes to the executor of the estate/will and/or the trustee of a trust.

5) I suggest having your father talk to the lawyer who did his DPOA, will etc. 

If you need to, get an authority figure to talk to your father.

Good luck

abc123

Thank you everyone for taking time to comment and share your knowledge.

Dear Towhee, my mother is safely at my home and has been for over three weeks. 

I was ALWAYS led to believe a POA ended at death but a DPOA did not. 

Marta

A non-durable POA ends when the principal is declared incompetent and DPOA ends at death. 

When you have more time (HA!) you can Google for yourself. 

abc123

Dear Marta, you made me smile! Thank you!

Crushed

1) everything depends on how the house is titled

2)If she is the sole owner its one issue  
If they are joint owners It depends on the type of joint ownership

  POAs end at death

 

abc123

Thank You Crushed! I had to hear it from you. No offense to everyone else. Ed is the mayor here and Crushed is the attorney.

towhee

Thanks for replying abc123. I usually stay on the caregiver board, so I knew that your parents had been with you for a while, so when you said they were moving back, I was really puzzled. Couldn't check out the states because the update had me temporarily locked out of the caregiver board. Glad things are ok.