POA and Deed

[scarter2011]

What is the name of your state (only U.S. law)? Minnesota
My father passed away in April, 2011. I was assign his POA during the time of his death and managed all of his finances, personal care and doctor appts. The POA form that I have is signed that I can resprentative him before and after death. I need to know if the document is true to its saying. I would like to have my name added to his property, so I can be joint owner to rent it out to keep up the mortgage payments before it goes into forclosure. Is this something I can do? I was told in the state I'm in I do not have to take the property through probate filing. He was divorced a few years before he passed away. Need help fast time is passing very fast.

Susan What is the name of your state (only U.S. law)? Minnesota

 

[anteater]

Your legal authority as his agent under a power of attorney ended when he passed away.

523.08 TERMINATION OF A DURABLE POWER.

A durable power of attorney terminates on the earliest to occur of the death of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, upon the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage.

523.09 TERMINATION OF A NONDURABLE POWER OF ATTORNEY.

A nondurable power of attorney terminates on the death of the principal, the incapacity or incompetence of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, upon the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage.

I was told in the state I'm in I do not have to take the property through probate filing.

Did the person doing the telling give an explanation for the statement?

 

[curb1]

Are you the only child of your father? What other assets did father have? What is the value of the house? How much is the mortgage? Did father have unpaid bills at the time of his passing? Are there unpaid bills at this time?

 

[anteater]

Are you the only child of your father? What other assets did father have? What is the value of the house? How much is the mortgage? Did father have unpaid bills at the time of his passing? Are there unpaid bills at this time?

Minnesota has some laws pertaining to the transfer of the deceased's homestead, including an exemption from creditor claims. In other states that have homestead transfer-type laws, typically the homestead would not be subject to probate, but there would still be some sort of judicial proceeding to determine heirship and authorize the property ownership transfer.

Other than saying that, I don't know the statutory details or the process in Minnesota. That is why I was hoping the OP would return to answer the question about who did the telling and whether it was explained. It would give a clue as to whether the "teller" had any credibility.