.I found out my brother transferred title to my dads house several months after his death and my question is,

UPDATED: Sep 30, 2022

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.I found out my brother transferred title to my dads house several months after his death and my question is,

My father died several months before the transfer of property to my brothers
name. My father had made my brother power of attorney and Its my understanding
that the power of attorney ceases to exist after my fathers death.

New property owner Montgomery Shane Jones

Former property owner George Edward Jones,Deceased

Redirect URL 3707 Hoyt Ave. Everett Wa, 98201

Asked on December 29, 2016 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct: a POA ceases to exist when the person creating it passes away; it does not survive the death of its maker. Therefore your brother did not have the legal authority to do anything with your father's property. You can, as an interested party (an heir, who presumably would have inherited a share of or interest in the home) bring a lawsuit in chancery court (a divison or part of county court) seeking a court order requiring your brother to return the home to your father's estate, so it can be properly distributed to his heirs as per the terms of his will (if he had one) or as the rules of intestate succession (if there was no will). You should retain an attorney who handles probate matters in the state (and ideally county--being closer will make things easier, as will familiariy with the local courts and judges) in which your father's home is, to bring this legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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