Legal Question in Wills and Trusts in Trinidad and Tobago
Good night, my grandmom give me a power of attorney to sell her property. the land isn't hers but the house is. She is currently in the states and she left me in charge to do this. My dads and my name is on the will but only my mane is on the power of attorney. But my dad is fighting me down because he doesn't want the house to be sold. can I still go ahead and sell it seeing that I have the power of attorney?
1 Answer from Attorneys
Dear Sir,
On the assumption the Power of Attorney is properly drafted you have the power to sell. A will is of no value if the testator is alive. She can change her will and/or dispose of all her property while she is alive.
While you can sell the house, the house without the land is chattel. What should be your concern or the concern of any purchaser is the status of the land. The legal owner can seek vacant possession against any unauthorized occupier.
I would concern myself with the status of the land and to see how your grandma can obtain legal title to the land. Only then the house becomes valuable.
You can give your dad the option to purchase the house and he can seek to obtain a legal title to the land.
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