Legal Question in Wills and Trusts in Arizona
power of attorney
my mother passed away more than a year ago. She and I lived together but she had no will. My brother and I have fallen behind in mortgage payments. The lender will not discuss the matter with us because we are not the owners of the house. Finally, today they told me to get a power of attorney and fax that along with a copy of her death certificate to them in order to discuss not losing our home. How do I do this?
2 Answers from Attorneys
Re: power of attorney
You can't get a power of attorney. Do not accept legal advice from a clerk or customer service person. Depending upon the value of the equity in the home, you may be able to get title to the home by filing an affidavit with the probate court and then recording the deed of distribution. Go to the self service center of the Maricopa Superior Court online and you will get instructions and forms that you will need to file and record.
Re: power of attorney
The person who told you to get a power of attorney obviously had no idea what he/she was talking about. Only a mentally competent person can grant a power of attorney, (which would mean the grantor would have to at least be alive), and the power of attorney has no effect after the grantor dies. You will need legal authority to transfer the title of the property from your mother to you and your brother. You can get that by opening probate or if the value of the property is less than $75,000, you may be able to transfer the title by affidavit through the small estate administration process. There is information about small estate administration available on the Maricopa County Superior Court's website under the link for the self-help center.
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