POA after death

[ceecy9]

What is the name of your state? Texas
My mother was a stroke patient and totally disabled for the past 6 years. Before that she had remodeling done to her home where my father (divorced) signed a quitclaim deed so that she could be financed. My mother recently passed away and now I am wondering if I have power of attorney (I do), and my siblings have all agreed that they consider the property mine (I paid all taxes and upkeep for the last 10 years), can I just do a warranty deed? I have read some of the posts and I see now that my father may still have interest in the property. Should we just go through probate, is there a shorter process? Also, does POA terminate upon her death?

 

[BlondiePB]

My mother recently passed away and now I am wondering if I have power of attorney (I do), and my siblings have all agreed that they consider the property mine (I paid all taxes and upkeep for the last 10 years), can I just do a warranty deed?

No. The home needs to go through probate.

I have read some of the posts and I see now that my father may still have interest in the property. Should we just go through probate, is there a shorter process?

No. Have your probate attorney review this to determine if your father, who was divorced from your mother, does indeed have a vested interest in the home.

Also, does POA terminate upon her death?

Yes, POA terminates upon the death of the grantor. You need to open probate and file/apply to be executor/personal representative of your mother's estate. You will be issued letters of testamentary/administration which is your legal authorization to probate your mom's estate.