If the wife has Durable Power of Attorney over her husband who resides in a nursing home, does she need a will, since both names are on the deed to the house?

Does the wife need a will they are in MO
Will the wife have to go through any type of Probate, or need to redo the deed?

Asked on December 24, 2017 under Estate Planning, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The POA has no bearing on inheritance: a power of attorney expires when the person granting it passes away--it is only valid while the principal (person granting it) is alive.
If they own the home together as joint tenants with right of survivorship (JTROS), which is the most common way for spouses to own property together, then on his death, the property automatically becomes her property solely: when a joint "tenant" passes away, the property goes to the surviving joint tenant. In this case, there would be no need for probate.

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