The house is promised to me and his word should be good enough. Not even a right of survivorship, or transfer upon death. His will has my brother and me as POA, this good enough to obtain title of house upon death? He will not see an elder attorney. I'm at a loss and anticipate probate court and additional fees which I do not have. Any suggestions?

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MrsBill, there are a couple other options, certainly not the best, but better than nothing.

1. Research intestacy laws in your state; if you and your brother are first to inherit, then you both will jointly inherit, but you will have to go through whatever your state requires to get the title transferred through an intestacy proceeding.

Dying "intestate" means dying without a will.

2. If your father has written down anywhere, even on the back of a napkin, what his final wishes are, that could be considered a holographic will, but what constitutes a holographic will might be defined by state law. A holographic will is a handwritten will, without all the additional legalese.

3. However, you indicate that his "will" identifies you and your brother as proxies (with DPOA authority). As noted above, any authority under a POA or DPOA terminates on death. So I'm wondering exactly what this "will" is? Are you sure it's a Will, and not something else?

Or are you and your brother designated as joint executor and executrix?
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At a minimum, go to a local title company and have them prepare a Quit Claim Deed for the house from him to you. It will have to be witnessed and notarized. There are traveling notaries. This is the least expensive way to achieve this. If Dad wont cooperate, there is no other way than lengthy probate after he passes. Ahmijoy is correct. Poa means nothing after death. Not having a will is just not smart in today's world.
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POA ends when the person is deceased. It will not help you acquire anything of Dad’s, including his house, if there is no will. You and your brother will have to go through the process of Probate Court.

Put it to your dad that in this day and age, no one’s word is “good enough”. And if he’s deceased, his word obviously won’t be heard. Your word won’t be accepted since you can say anything you want. Impress upon him that a large percentage of what he has to leave you will be eaten up by court costs and attorneys fees. It will be a long, difficult and expensive process. Ask him if, to protect his assets and for your sake, he could forgo the stubbornness and go see an attorney.
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