ifI had durable power of attorney and sold property prior to death of that person-if that property was listed in a will and probated, what now??

UPDATED: Jun 8, 2009

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ifI had durable power of attorney and sold property prior to death of that person-if that property was listed in a will and probated, what now??

had all inclusive durable power of attorney over mothers affairs–sold her home and property prior to her death–relative surfaced with a will and probated without notifing me–and is now attempting to evict the purchasers of the home stating he owns it because the probate judge signed off on it and said he did, however, small town, noone did property search. does it matter which one came first?? the will or the power of attorney??

Asked on June 8, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think you need to hire an attorney in your area, as soon as possible, because this sounds like a lawsuit waiting to happen.  There are certainly a lot of factual details to this case, and without all of that, and the documents including the power of attorney and the will, nobody can give you reliable advice.  One place to find a qualified lawyer is our website, http://attorneypages.com

Working only from this factual outline, and without considering any variations in Texas law (where I'm not licensed), I'd say the people who bought the house from your mother, through you as her attorney-in-fact, should eventually be in the clear, because a will takes effect only at the time of death.  At that point, your power of attorney ended, but before that, the will meant nothing.  I'm assuming, here, that your transactions for your mother were all done at reasonable market value.

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