Legal Question in Real Estate Law in Illinois
Real Estate Sale
Mom died. Home goes to three children of which I am one. I have power of atty for property and am selling the house, will split the proceeds. What do I need to do to close the sale of the house i.e. title search, survey, appraisal, inspection etc.?
2 Answers from Attorneys
Re: Real Estate Sale
Power of attorney is no good after person dies. Power of attorney dies with the person authorizing it. You must probate the estate. If you try to sell the real estate under such conditions, you may be subject to criminal prosecution. You will have to hire an attorney to make sure everything is done right. Please call for a free consultation.
Re: Real Estate Sale
I am really bothered by the language "home goes". Is there a Last Will & Testament? Who was on the deed? A power of attorney terminates when the grantor dies. So, your POA is useless. You might have to probate Mom's estate. If you wish to call me, please do. Sounds like you have a problem that you don't have the experience to solve. You need the services on an attorney.
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