Power of attorney vs. the will.

[jimh5782]

What is the name of your state?New Mexico.
My grandfather passed away and Stated in the will that all property was to be sold and split three ways between my mother, aunt and uncle. My mother and aunt have Power of attorney over the property and it is in thier names as well as my grandfathers, They want to know if they can keep the land, or sell it and split two ways?

ps. I'm just the one with a computer, the whole mess is just embarassing. I wish they would just do whats right and get it over with.

 

[anteater]

My mother and aunt have Power of attorney over the property and it is in thier names as well as my grandfathers,

A Power of Attorney allows the designated indidividual(s) to act as agents(s) of the person granting the Power of Attorney for whatever transactions the Power of Attorney document specifies. A Power of Attorney ceases when the person granting it passes away.

You need to be more specific than "in their names." How exactly is the deed to the property titled?

 

[jimh5782]

Ok, the deed is my mothers and my aunts names, my grandfather owned the land and house,but put thier names on the deed also. They are listed as co-owners.

 

[anteater]

Ok, the deed is my mothers and my aunts names, my grandfather owned the land and house,but put thier names on the deed also. They are listed as co-owners.

Does the deed indicate the form of ownership? That is, ".... as Joint Tenants" or "..... as Tenants in Common"? If it is Joint Tenants, then mother and aunt become owners of grandfather's ownership share. If it is Tenants in Common, then ownership of grandfather's share will be determined by the Will.

If the deed does not specify, then you should consult with a New Mexico attorney (or hope that someone familiar with New Mexico law hangs around here). State law generally provides for a default form of ownership if the form of ownership is not specified. I don't know what that might be in New Mexico.