In a Sale
What This Means When the House Is Being Sold
A family arrives holding a power of attorney, often a durable one, and expects to sell the house with it. It does not work. The moment the principal died, the attorney in fact stopped having authority, and no title company will insure a deed signed under a power of attorney after the date of death.
What follows is the harder conversation. The authority that replaces it comes from a will, a trust, or a court appointment, and working out which one applies is the first real step. Where somebody has already signed something in reliance on the power of attorney, that needs raising with an attorney rather than left alone.
Compare
Not to Be Confused With
- This TermAttorney in Fact
- Often Mistaken ForPower of Attorney
- Often Mistaken ForExecutor
- Often Mistaken ForSuccessor Trustee
What Tells Them Apart
A power of attorney is the document. An attorney in fact is the person it names. Both stop at death. An executor or a successor trustee takes over from there, and they are often the same human being wearing a different hat with different paperwork behind it. The distinction is not academic, because escrow will ask which capacity a signature is given in.
Questions
Questions People Ask
Can I sell my mother's house with power of attorney after she died?
No. A power of attorney ends when the person who granted it dies, and title will not insure a sale signed under it after that date. Authority has to come from a will, a trust, or a court appointment instead, and an estate attorney can identify which one applies.
What is the difference between an attorney in fact and an attorney?
An attorney in fact is not a lawyer and needs no legal training. The phrase means someone authorized to act for another person under a power of attorney. An attorney at law is a licensed lawyer. The similarity in the words causes regular confusion.