What happens if a person passes away during the sale of their home without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if a person passes away during the sale of their home without a Will?
The children are all adults and have agreed to split the proceeds after paying off the current lender, however the new lender won’t release the funds without a legal statement that there are no other heirs (including other legal entities). Further, the title company won’t make the statement because they say it puts them in the position of a lawyer, which they can’t do.
Asked on March 1, 2013 under Estate Planning, Washington
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
The title company is correct. You need to consult a probate lawyer in your area. Did the deceased sign all of the closing documents before his or her death? If not, I would expect the title underwriter and lender to require someone with legal authority to sign. Also, the state and federal governments have an interest in making sure that all taxes are paid. This is not something that title companies do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.