Elkridge, MD asked in Contracts and Real Estate Law for Kansas

Q: If you sign a contract to sell a house as poa and a week later you’re loved one passes away can you continue with sell?

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Lawrence, KS
  • Licensed in Kansas

A: The question appears to indicate that an attorney in fact under a power of attorney signed an agreement to sell a house owned by the principal. The sale was not completed before the passing of the principal. For the most part, a power of attorney is not effective after the death of the principal. Depending upon how the sales agreement was drafted, the estate or heirs may be bound to complete the sale. An estate may be opened in probate court and administrator, special administrator, or executor may be empowered by the court to sell the real property, depending upon what the will (if any) provides. You should consult with a probate attorney as soon as possible to determine the next steps.

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