Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Does your Husban's sister have Power of Attorney? (I am just trying to work out why she has conduct of the Sale)
I look forward to hearing from you.
Thanks- I take it that your Husband's Father is still alive?
Thanks for your reply.
Well, on the basis that the property is in your Husband's Father's name, any Solicitor who is dealing with the Sale will be under a duty to pay the proceeds of Sale to your Husband's Father. This is the case even if the daughter has Power of Attorney- this is because an Attorney is only legally entitled to oversee the other party's financial affairs and she would be committing a crime if she put the Sale monies in her own account- it has to be put into Father's account.
I hope this assists and set sout the legal position.
While your Husband's Father is alive, he is free to do with his money (and any proceeds from the Sale) as he so wishes, so if he transfers the money to his Daughter, it may be hard for your Husband to prove his sister has done nothing wrong.
All your Husband can do is to speak to his Father to make sure all his money does not pass to his daughter.