Legal Question in Wills and Trusts in South Carolina

Real Estate Purchasing

In May of this year a contract was signed by both husband and wife for sale of their property. Within the past two weeks the husband died. With the wife having power of an attorney is it legal to carry on with the sale of the property? If not what steps are neccessary to close the deal?


Asked on 8/15/01, 9:39 pm

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Real Estate Purchasing

A power of attorney would terminate at the husband's death, thus the power of attorney would no longer effective. The wife would need to initiate proceedings in the Probate Court to be appointed personal representative of her husband's estate in order to effecuate the transaction.

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Answered on 8/17/01, 9:58 pm


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