Legal Question in Business Law in California

Expiration of Power of Attorney

XXX calls our agency, a cemetery brokerage, asking that we find a buyer for his unwanted gravespace. He signs our standard form, a limited Power of Attorney sheet, giving our agency the right to transact the sale of the property. Notary witnessed his signature. Deed to the grave sent to us by him. We agree in writing that we would find a buyer, and send him our check for $1000. Six months later we sell the grave for $1400. and mail XXX the $1000. A daughter calls us saying that he died 2 months ago, and that the grave was worth $1800. She demands $800. Daughter had all of his papers, but did not notify us of his death. She is the executor, but not named on the deed to the grave.


Asked on 1/10/00, 12:54 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Expiration of Power of Attorney

Depending on when he died and when the transaction took place would decide whether the power of attorney was still valid. However, you have a signed and notarized contract which is valid in a court of law unless his daughter can prove you defrauded him. I doubt she could prove this since you have the notary as a third party witness. If you need a lawyer to write this lady a letter explaining the law please feel free to contact my office at 877-546-9918 or by email at [email protected]. This is a cost effective way to get her to leave you alone. I look forward to speaking with you. As always the call and consultation are free of charge.

Sincerely,

John Hayes

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Answered on 1/18/00, 5:32 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Expiration of Power of Attorney

Cant really answer this without reading the contracts.

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Answered on 1/18/00, 12:36 am


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