Gilcrest, CO Estate Planning Law Firms & Lawyers

You should file a probate action and be appointed the executor or personal respresentative of his estate. Once appointed executor you will have legal authority to act.

A Durable POA is only valid while the maker is alive. An Executor of a Will does not have any authority or power until the maker is deceased and the Executor has been approved by the probate court

I am sorry to hear of your loss. She is probably liable. A lien is a possibility but that does not mean that the home cannot be sold. If your mother conveys the property she may have made an inappropriate transfer and have much bigger issues including her own eligibility for Medicaid. Your mother needs to sit down with a qualified and experienced estate and elder law attorney to address her issues. It is not a simple question. Best of luck to her. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.