La Crosse, WI asked in Real Estate Law for Wisconsin

Q: Home listing -The owner is deceased and the agent says the “kids told him they have right to sell” How do we verify.

Related Topics:
2 Lawyer Answers

Jason Anthony Greller

Answered
  • Madison, WI
  • Licensed in Wisconsin

A: Eventually the title company will insure that the sellers have the right to sell. In the interim, you could ask if they have an order from the probate court making one of the children the personal representative of the estate.

Thomas B. Burton agrees with this answer

Thomas B. Burton

Answered
  • Eau Claire, WI
  • Licensed in Wisconsin

A: I agree with Attorney Greller, whoever is named as the Personal Representative of the Estate (if the owner died with a Will) or the Trustee of the Trust (if the home was held in a Trust) will have the authority to enter into contracts to sell the home. Ask the children for the Letters Testamentary issued by the Court to the Personal Representative for proof of their authority to sell the home to you, or if it is in a Trust, for a copy of the Trust document showing who the current Trustee is and their authority to sell the home under the Trust document.

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.