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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35359
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have POA for my mom, she owned a piece of property that

Customer Question

I have POA for my mom, she owned a piece of property that was not worth much but we had sold it and it was under contract. When the title company found a lien against the property, so we needed to contact the bank that had filed it and find the exact amount so it could be paid along with some outstanding property taxes. She passed away yesterday. the loan could be closed by this monday or tuesday. Does it still have to go to probate she has no other assets.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Utah and the property is under contract and the money for the sale of the property is ready.
JA: Has anything been filed or reported?
Customer: like what
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I guess not
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me the value of the property?

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Does she have anything else in her name...bank accounts, vehicles, real estate, investment accounts, etc.?

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thanks

Barrister

Customer: replied 4 months ago.
Nothing my step dad kept them poor as church micr
Customer: replied 4 months ago.
I thought you were going to answer my question here on the internet is that right?
Customer: replied 4 months ago.
The Real Estate guy we have worked with in the past said the property is only worth maybe 13 thousand
Expert:  Barrister replied 4 months ago.

Ok, just a minute while I confirm something..

Expert:  Barrister replied 4 months ago.

Ok, the problem here is that under Utah law, if an estate involves real estate, then it can't be settled with a "small estate affidavit" as that is only for personal property.

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And the instant that mother passed, the property went into her estate and your POA expired. So only the representative of the estate would now be able to continue on with the sale, and only after they were appointed by the probate court judge to be able to do so.

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So at this point, the sale couldn't continue until a probate case was filed, and someone was appointed as the legal representative of the estate so they have the authority to sign any closing documents and the deed.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 4 months ago.
Thanks
Expert:  Barrister replied 4 months ago.

You are very welcome. Happy to help any time, even though the news is kind of lousy..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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