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Sale of House - Wait for Probate?

Discussion in 'Wills and Estate Planning Law Forum' started by Maria, 29 July 2014.

  1. Maria

    Maria Member

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    Son given Enduring Power of Attorney (EPOA) by mother. He is instructed to sell the house. He empties house and evicts tenant. House now empty and ready for sale. Mum dies this week. What happens with the sale process, can son do anything while we wait for probate. House standing empty.
     
  2. winston wolf

    winston wolf Well-Known Member

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    The EPOA ended with her death. Now the executor is in charge. They can rent the house out if they want.
    Who is the executor?
     
  3. Tim W

    Tim W Lawyer

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    The Power of Attorney ceased once she died.
    That means he no longer has authority to sell the house.

    The Executor will have that authority.
    But even if the (former) Attorney and the Executor
    are the same person, and even if the outcome is the same,
    until probate us actually granted,
    the (former) Attorney has no power to do anything.
     
  4. Maria

    Maria Member

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    Executor is son and his sister, but sister died last week. Son was the only one who had enduring power of attorney.
     
  5. winston wolf

    winston wolf Well-Known Member

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    OK the son now executor can sell the house once probate is granted.
    The fact it is empty is just unfortunate.
     

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