Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 6 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 6 months ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,568
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 6 months ago
it doesn’t matter that the contract was signed prior to death?
Lawyer: Irwin Law, Attorney replied 6 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.

Ask Your Own Legal Question
Lawyer: Irwin Law, Attorney replied 6 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,568
7,568 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:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,408 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

44,066 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 Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Which hold more weight a living wife as to power of
Which hold more weight a living wife as to power of attornery or a named exector if a person is unable to speak for himself in an emergency? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My mother the family record keeper passed November 9 and I
My mother the family record keeper passed November 9 and I know a quarterly return is coming due but have no idea how to figure the payment and think I need a tax accountant. I think she used turbotax… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
I applied for a FHA loan and was turned down for possible
I applied for a FHA loan and was turned down for possible signs of termites then bank signed me for conventional loan and was approved. Am I legally obligated to take the loan and go ahead and buy the… read more
Wendy Martine, Esq.
Wendy Martine, Esq.
Juris Doctorate
3 satisfied customers
I have hired a lawyer ,had a purchase agreement wrote up for
I have hired a lawyer ,had a purchase agreement wrote up for the sale of a piece of land, both the seller and I the buyer signed the purchase agreement, now a week before final closing he says he is b… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
MY Name is Chad, my dad and I bought property in Oklahoma
MY Name is Chad, my dad and I bought property in Oklahoma in 2006 He payed half and I payed half for the property. The Deed is Joint tenet, with right of survivorship, my dad filled out a will last ye… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Our landlord was renting out an apartment to us while in
Our landlord was renting out an apartment to us while in foreclosure from December 2010 until November 2011, Cook County, IL. He let us do some cosmetic updates to the apartment until December first f… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
Our dad gave my sister and I power of attorney. We recently
Our dad gave my sister and I power of attorney. We recently learned that dad, who has dementia, has given his step granddaughter power of attorney also and they are selling his home. Do we need a real… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Missouri First time home buyers credit. We entered into
Missouri: First time home buyer's credit. We entered into (what we thought) was a binding sales contract on April 21st. The house inspection on the 26th found problems with the roof and radon. We were… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
We signed a contract with my father who is a real estate agent.
We signed a contract with my father who is a real estate agent. His schedule was too busy to fit ours. So we found another agent and signed a contract with her. We did not like her advice or her attit… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
is the contract to buy a an aprtment cancelled if it contains
is the contract to buy a an aprtment cancelled if it contains the phrase "time of essence" and the targeted closing date has passed… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
I put my house up for sale with caldwell bankers in dublin
I put my house up for sale with caldwell bankers in dublin ohio and it sold in 2 weeks and closing was picked with the new owners for the 24th of November and I was suppose to get out by the 28th of N… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My dad gave his house to my brother in a life trust...he can
My dad gave his house to my brother in a life trust...he can live there until death and then it is my brothers. My dad has developed alzheimers and we now need to sell the house to help care for him. … read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
I am selling my house. I had a buyer who signed the contract,
I am selling my house. I had a buyer who signed the contract, had the house inspection, and termite inspections done. All passed. I found out that my agent was representing both the buyer (me!) and th… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My father passed away a month ago and my mother is still alive.
My father passed away a month ago and my mother is still alive. As of just today (11-12-2008) I found out from my mother (when she went to update their bank accounts) that at some point within the pas… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Hi. I purchased a off plan property in a development in ...
Hi. I purchased a off plan property in a development in Orlando. I paid a 20% deposit in August 2004 and we have yet to complete. The builder gave us a closing date of November 30th last year and we h… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers
We are selling our house and we had an offer to buy the ...
We are selling our house and we had an offer to buy the house from a lady that it is going through a divorce. We passed the inspection and all the contingencies were met. Because of problems between t… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
When selling a property is the inspection done ...
When selling a property is the inspection done before or after an offer is made on the property?… read more
Jeffrey Flaker
Jeffrey Flaker
Senior Programmer/Analyst
Working toward my BS in Computer Sc
100 satisfied customers
My in-laws have signed a contract to have a real estate ...
My in-laws have signed a contract to have a real estate agent sell their land. The contract was signed on 3-11-06. after reveiwing the contract, I found several things that need to be amended, or outr… read more
Miles
Miles
Attorney At Law
Post-Doctoral Degree
2 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