Can my aunt sell my deceased grandfather’s house even though my parents still live in it?

UPDATED: Sep 5, 2014

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Can my aunt sell my deceased grandfather’s house even though my parents still live in it?

She is indeed the POA, however my parents pay the taxes on the house.

Asked on September 5, 2014 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  First of all a POA dies with the person for whom it is intended (your Grandmother here) so she has no authority to act unless she has been appointed as the fiduciary of the estate: Executrix or Administratrix - by the Surrogate's Court. If that has not happened then anyone can ask to be appointed.  Now, if there is no Will then the siblings share equally and the fiduciary can act in the best interest of the estate.  An heir can also force the sale of a house via a partition action.  I would have your parents speak with an attorney about their rights.  Good luck.

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