Selling house under power of attorney
Discussion
I have just sold my mums house using POA. She is in care. Absolutely without fail ask a solicitor. Do not ask on here. Ask the solicitor. My experience was I dealt all the documents, including signing the contract with no involvement of my mother. However my solicitor got me to sigh a simple document up front to entirely act on her behalf, this would stay in place even if she had passed away. The funds from the sale went straight to her bank account so any probate stuff to come is now one step simpler. Ask a solicitor. Do not ask on here.
We sold my in Laws house fairly recently (completed April), after FIl passed away last year and MIL was already in care home. The wife and her brother were the only executors and beneficiarys, and the estate was below IHT threshold so about as simple as that side of things go. Fortunately we had the Financial power of attorny for both parents so in theory wife was just selling on behalf of her mother. Solicitors handled the house sale all reasonably well but we managed the probate process ourselves. Only complication was that the inlaws had joint tenants in common setup in the Land registry (I can never remember which way was which) but the solicitors kinda got their heads around all that after going through a period of wanting contracts signed by a person in a care home with dementia.
Essentially it's best get a solicitor that can handle conveyancing as well as wills/probate matters, but you can sell with PoA.
Essentially it's best get a solicitor that can handle conveyancing as well as wills/probate matters, but you can sell with PoA.
I don't think anybody has answered your actual question, so far.
My initial reaction to the possible death of your father at that particular time is that you could now have an added struggle on your hands - though just time consuming really as you could end up swapping your signature as PoA to your same signature - but on Probate papers.
In any event, the advice above is still good - speak to a solicitor.
My initial reaction to the possible death of your father at that particular time is that you could now have an added struggle on your hands - though just time consuming really as you could end up swapping your signature as PoA to your same signature - but on Probate papers.
In any event, the advice above is still good - speak to a solicitor.
Not sure if this is helpful, but I had similar.
Lpoa for both parents - however both fully compus mentis
In the process of seeling their house in France. Compromis signed (contracts exchanged) then my Dad died before completion. The sale proceeded as planned, with me and my sister needing to do some unexpected paperwork due to french inheritance laws. No delays occured.
I suspect English law has the framework in place to handle this scenario in a similar fashion, but as above, best check
Lpoa for both parents - however both fully compus mentis
In the process of seeling their house in France. Compromis signed (contracts exchanged) then my Dad died before completion. The sale proceeded as planned, with me and my sister needing to do some unexpected paperwork due to french inheritance laws. No delays occured.
I suspect English law has the framework in place to handle this scenario in a similar fashion, but as above, best check
MGDavid said:
Occasionally there are questions here about powers of attorney and probate. Some of the answers I have seen have been quite good. So I thought I would give it a try.
I have a question that I would like to find an answer to without asking the solicitor I am using in case it becomes important later.
My parents have both gone into a care home and I am selling their house under registered enduring PoA.
My father is quite poorly. What happens if he dies between exchange of contract and completion?
I realise that if he dies before exchange of contract the process all stops until I have probate (I am also executor when the time comes).
However, I am concerned that the people buying the house could become homeless if the transaction has to stop due to a death between exchange of contract and completion. They are selling there current home in a normal chain with us sitting at the top of the chain.
If the contract falls apart on death, there is a second question. How much trouble would I be in if I "forgot" to tell the solicitor that one of my parents had died?
From this it would appear you are unfit to act as an attorney, or an executor.I have a question that I would like to find an answer to without asking the solicitor I am using in case it becomes important later.
My parents have both gone into a care home and I am selling their house under registered enduring PoA.
My father is quite poorly. What happens if he dies between exchange of contract and completion?
I realise that if he dies before exchange of contract the process all stops until I have probate (I am also executor when the time comes).
However, I am concerned that the people buying the house could become homeless if the transaction has to stop due to a death between exchange of contract and completion. They are selling there current home in a normal chain with us sitting at the top of the chain.
If the contract falls apart on death, there is a second question. How much trouble would I be in if I "forgot" to tell the solicitor that one of my parents had died?
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