power of attorney?

[jessy08]

Hi, I wonder if anyone can help me please? My brother in law has been admitted to an EMI care home due to dementia and his house needs to be sold to pay for his care. His nephew has power of attorney but has found that the house is still in my late sisters name as she bought the house before she married. As power of attorney would his nephew be able to sell the house even though it is still in my sisters name?

[bednobs]

it depends on if the sister in law left a will

[themas]

Whether she left a will or not, probate should have been obtained after she died, & that would determine who then took ownership of the house. The attorney needs to contact the Probate Office to find out whether they have any records of the position. If no-one ever obtained probate for her, advice will have to be obtained (again, the Probate Office may help) on how to go about it.

This needs to be done before any attempt to sell, as the attorney at present has no power to sell something which (so far as the legal title is concerned) does not belong to your brother-in-law.

[jessy08]

Hi bednobs, no my sister didn't leave a will

[bednobs]

well then follow themas' advice which in any case is better than mine :)

[jessy08]

Thankyou themas, that's very helpful. Thanks for both of your replies

[Buenchico]

Step 1:
An application for 'letters of administration', to dispose of your sister's estate in accordance with the intestacy rules, needs to be made to the Probate Registry:
http://www.hmcourts-s...robate/registries.htm
That application would normally be made by by your brother-in-law but the Probate Registry should recognise his nephew's power of attorney to act on his behalf.

Step 2:
Once your brother-in-law's attorney has the letters of administration he can then distribute your sister's estate in accordance with the intestacy rules. If the value of her estate (including the house) exceeded £125,000 it's possible that not all of her estate belongs to your brother-in-law. It will depend upon the date of her death (whether before or after February 2009), the size of the estate and whether the couple had any children. The rules are here:
http://www.hmcourts-s...te/why_will.htm#chart

Step 3:
The title to the property can then be transferred:
http://www1.landregis.../public_guide_009.pdf

Chris