Legal Question in Wills and Trusts in Alabama

Re: Power of Attorney Stipulations

I am not sre what you mean by "heir" property. An individual does not have heirs until they are deceased and a power of attorney is not effective after the death of grantor of that power.

I assume you mean that someone serving as agent under a power of attorney sold or is planning to sell property owned by the grantor of the power (which you or someone you know might inherit). In that case, the answer to your question is yes. As long as a power of attorney grants the agent the authority to sell property, they can do so without the consent of anyone else. However, an agent must always act in the best interest of the grantor of the power. If they could show that selling the property would be something in the best interest of the grantor (and not themselves), then the exercise of such power would probably withstand any challenge.

Hope that helps. It is the best I can do given the facts your provided. Good luck.

Re: Power of Attorney Stipulations

As Jack said, all powers of attorney cease to exist at the moment of death of the person granting that power. Many people are confused by this. They assume that a power of attorney lasts beyond the death of the person granting it. If you are asking "Can the agent under a P of A sell property left by the decedent/principal without getting approval first"? the answer would be No. The agent would not have the authority to do anything once the principal had died. Anythhing they did would be without authority to act.

Hope this helps.

William G. Nolan

Nolan Elder Law

www.NolanElderLaw.com