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I need advice. I have taken care of my dad for 11 years. I…

Customer Question
I need advice. I...

I need advice. I have taken care of my dad for 11 years. I am the power of attorney. He wanted me to sell his house and I signed the contract November 30th. The closing is supposed to be within 2 weeks. My dad passed away December 23rd. Can I move forward with selling his house since I signed the contract prior to death?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has anything been filed or reported?

Other than with the buyer and real estate agent that’s all

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need free advice fast

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
The abstract has already been updated. My dad didn’t have a will.
Answered in 52 minutes by:
12/31/2017
Lawyer: Irwin Law, Attorney replied 3 months ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,545
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified

Good morning. I'm sorry for the recent loss of your father. Generally, under most state laws, a power of attorney is automatically voided when the person passes away. Therefore, legally you cannot close the sale of your father's house now. This should be verified with a local attorney for your title insurance company.The most logical next step is to be appointed as the personal representative of his estate, which will require opening the estate in probate court in your local County. You should contact a local real estate/probate attorney for advice in this matter, because it is important that the sale be closed correctly. legal fees in this type of situation can usually be held off and paid from the sale proceeds.

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Customer reply replied 3 months ago
it doesn’t matter that the contract was signed prior to death?
Lawyer: Irwin Law, Attorney replied 3 months ago

The contract itself is perfectly legal, and will usually be binding upon his estate and heirs. However, you, as an individual power of attorney are no longer authorized to act for him in closing the sale. At this point in time, that must be done by the personal representative of his estate.

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Lawyer: Irwin Law, Attorney replied 3 months ago

Hello again. Do you have a follow-up question? If not, please don't forget to enter a rating (hopefully ‘Five Star’) by clicking one of the boxes at the top of this reply. There is no additional cost to you. Thanks again for using JUST ANSWER.

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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,545
7,545 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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