Is a Power of Attorney enough to be able to sell the home of the deceased if there is a mortgage?

No, the bank is correct because the Power of Attorney is no longer valid. The clause in the Power of Attorney refers to principals who are disabled, but still alive. The clause makes the Power of Attorney durable, effective even though Person A has become disabled, but the Durable Power of Attorney ends when the principal dies.The executor of Person A’s will or the estate administrator (if Person A died without a will), are the only people who must handle the sale of Person A’s home, if necessary.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.