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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13470
Experience:  Experienced in multiple areas of the law.
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My mother in law was ill and wanted a POA to be used after

Customer Question

My mother in law was ill and wanted a POA to be used after her death for selling her house, car so she had an attorney come to the nursing home to complete. She was in Minnesota and we were in Florida. My husband spoke with the attorney too. However, my mother in law passed away a month after signing and the house has a buyer now and we are hearing the POA ceasesd at her death, Feb. 1, 2016. My husband is her ONLY child. She has an older home worth about 12000. and a car worth 1000. That's all that will be sold. Now, this same attorney is wanting to charge us to set up a probate and we're not able to close with the buyer next week. What can we do to close on time?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I'm sorry for your family's loss.

Unfortunately, there is nothing you can legally do to ensure that closing happens next week. The only way to sell the property is to open a probate estate in Minnesota and have someone (such as your husband) named as executor, which will give him the authority to act on behalf of the estate. Even if the petition and documentation could somehow be filed today, however, there is no way that a court would formally appoint an executor by next week. Probate is a process that takes months to complete (on average, 6-12 months).

While Minnesota does have a "small estate" procedure in place for estates valued at under $50,000, it does not apply to estates where there is real property, such as a house. Therefore, what you have been told by that lawyer in Minnesota is correct -a probate estate must be opened in order to effect transfer of the property. Even if you and your husband wanted to keep the house, it doesn't matter -probate would still be required.

I'm sorry I cannot tell you otherwise. If you need clarification or additional information, please reply, and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 1 year ago.

If you have further questions or need clarification about this matter, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are paid for our time and expertise, even if you have previously left a deposit. Thank you.