San Jose, CA asked in Contracts and Real Estate Law for Georgia

Q: If my ill widowed father has a signed contract on his home in GA, what happens if he passes before the closing.

I’m the executor and POA in his will. Will I need to file with probate, and can this take up to a year?

Related Topics:
1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Atlanta, GA
  • Licensed in Georgia

A: Once a person dies, the decedent's power of attorney no longer would be effective. Unless its terms provide otherwise, a contract to sell property would be binding on the decedent's estate. Generally, the personal representative of the decedent's estate would be required to satisfy the decedent's obligations under the contract. The person named as executor in the will would be required to file a petition to probate the will. How long it takes depends on the facts of the particular case. This response is intended to provide general information only, and not legal advice. It does not establish an attorney client relationship. I recommend that you consult a probate attorney to assist you with this matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.