Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Can you tell me the value of the property?
Does she have anything else in her name...bank accounts, vehicles, real estate, investment accounts, etc.?
Ok, just a minute while I confirm something..
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.
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.
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.
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...
You are very welcome. Happy to help any time, even though the news is kind of lousy..
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