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Updated over 6 years ago on . Most recent reply

User Stats

6
Posts
1
Votes
Jeremy Petersen
  • Rental Property Investor
  • Salida, CO
1
Votes |
6
Posts

Property becomes part of an estate while under contract.

Jeremy Petersen
  • Rental Property Investor
  • Salida, CO
Posted

Hello, I have a question about buying a property from a power of attorney for an elderly person. 

What happens if the property goes under contact through the power of attorney acting on behalf of the owner, but the owner passes before closing? I'm guessing that at this point the POA no longer has power, and the property is now part of an estate which must go through probate before being sold.

I intend to ask my attorney on Monday, but I was curious to see if anyone on BP had experienced this scenario.

Thanks in advance 

Most Popular Reply

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1,407
Posts
754
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Lance Lvovsky
  • Accountant
  • Fort Lauderdale, FL
754
Votes |
1,407
Posts
Lance Lvovsky
  • Accountant
  • Fort Lauderdale, FL
Replied

A POA is no longer valid upon death. You now will be dealing with the PR/Executor of the Estate. Speak to an attorney or CPA.

  • Lance Lvovsky
  • Loading replies...