Sale of House - Wait for Probate?

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Maria

Member
29 July 2014
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1
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.
 

winston wolf

Well-Known Member
21 April 2014
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894
Adelaide
changefpa.com.au
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?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
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.
 

Maria

Member
29 July 2014
2
0
1
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?
Executor is son and his sister, but sister died last week. Son was the only one who had enduring power of attorney.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
OK the son now executor can sell the house once probate is granted.
The fact it is empty is just unfortunate.