Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

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: 1 month ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,505
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.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks for using JUST ANSWER.

Ask Your Own Legal Question
Customer reply replied 1 month ago
it doesn’t matter that the contract was signed prior to death?
Lawyer: Irwin Law, Attorney replied 1 month 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.

Ask Your Own Legal Question
Lawyer: Irwin Law, Attorney replied 1 month 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.

Ask Your Own Legal Question
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,505
7,505 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does the state of North Carolina require a power of attorney
Does the state of North Carolina require a power of attorney be local … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have Durango power of attorney of a friend who's
I have Durango power of attorney of a friend who's incarcerated. I rented his home out and left utilities in his name. Can I legally turn power off since it's in his name and not mine. Without getting… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am wondering abut Power of Attorney, and I have a few
I am wondering abut Power of Attorney, and I have a few questions. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,195 satisfied customers
I have a friend, She wants me to hold a power of attorney
I have a friend, She wants me to hold a power of attorney for her. She does not have a will and wants to leave some things to me and my wife when she gets to the point that she can no longer care for … read more
Bill Attorney
Bill Attorney
law
1,733 satisfied customers
I have valid power of attorney and living will in North
I have valid power of attorney and living will in North Carolina and I am wondering if they are valid in Florida since I moved here. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,772 satisfied customers
Can a easement that is defined in a Title insurance, be
Can a easement that is defined in a Title insurance, be challenged by another as being ambiguous or not clear, to have it removed? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Rockhill and my question is that i have power of attorney
hi , my name is ***** ***** and my question is that i have power of attorney for my mom. she has alzhimers and i need to have her american express statements sent to me as i need to moniter the accoun… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,275 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,319 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about powers of attorney and what happens when the
it is about powers of attorney and what happens when the party gave it dies … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,275 satisfied customers
Would you be able to provide power of attorney documents for
Would you be able to provide power of attorney documents for my husband to have POA over his 83 year old mother? His sister is doing everything in her power to get everything she can out of her mother… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,764 satisfied customers
Durable Power of Attorney - One of the inmates at Muscogee
Durable Power of Attorney - One of the inmates at Muscogee County Prison asked me (personal friend) to represent him in all areas of his life. I wonder if I need to hire an attorney if I accept respon… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,772 satisfied customers
If power of attorney was given to a sibbling during a bad
if power of attorney was given to a sibbling during a bad divorce is it still standing after the divorce and person has remarried … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a power of attorney document is filled out, signed, and
If a power of attorney document is filled out, signed, and notorized however the address for the agent is missing can it still be added … read more
Ray
Ray
Lawyer
Doctoral Degree
31,342 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,572 satisfied customers
Which State division oversees title insurance companies and
Which State division oversees title insurance companies and what is a contact address for filing a complaint against a title insurer. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,319 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,733 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,772 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x