Legal Question in Wills and Trusts in California
Probate question
I need to know if when a house is in the process of being sold and the owner passes away, does the real estate have to stop the sale until probate finishes?
Also if a second party signs or places their initials as well as the sellers in their own handwriting is the sales contract still good even though the seller did not do it themselves?
2 Answers from Attorneys
Re: Probate question
Not necessarily until the probate finishes, but until they get an order from the probate court allowing the sale.
The second part of your question is vague. If someone else signed the seller's signature, claiming it was the seller's signature, it is fraud unless the person who signed had a valid power of attorney to do so.
Re: Probate question
Yes, the death suspends the sale; but if it is a good sale [I am troubled by your second issue], then a personal representative could try to convince the Probate Court to issue temporary letters to allow approval of the sale in court. There are some technical procedures here. Best to consult with a probate attorney in your area.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.
Reply Posted By:
Wayne V.R. Smith
Attorney at Law
P.O. Box 3219
Martinez CA 94553
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