Do I need to go threw probate

My mom died 10 years ago and I live in the home and have power of attorney . Do I
need to go thru probate to put house in my name

Asked on December 19, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you do need to go through probate. Your power of attorney is void and invalid: a power of attorney ends when the person providing or granting it passes away, so you actually have no legal authority over the home (or your mother's accounts or other assets) any longer. Living in a home also gives you legal power over it. Only going through probate (assuming you are the one who will inherit) will make the home yours.

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