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The owner of a house granted a power of attorney but died one month before the sale. The attorney in fact went ahead with the closing not disclosing the death. What happens now?
Wiki User
∙ 12y ago
The POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time.
The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at the time of the sale. The AIF has committed fraud and theft of the proceeds of the sale. Those are serious criminal charges and you need to bring this situation to the attention of the "purchaser" of the property and the authorities or you may be considered an accomplice.
The POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time.
The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at the time of the sale. The AIF has committed fraud and theft of the proceeds of the sale. Those are serious criminal charges and you need to bring this situation to the attention of the "purchaser" of the property and the authorities or you may be considered an accomplice.
The POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time.
The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at the time of the sale. The AIF has committed fraud and theft of the proceeds of the sale. Those are serious criminal charges and you need to bring this situation to the attention of the "purchaser" of the property and the authorities or you may be considered an accomplice.
The POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time.
The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at the time of the sale. The AIF has committed fraud and theft of the proceeds of the sale. Those are serious criminal charges and you need to bring this situation to the attention of the "purchaser" of the property and the authorities or you may be considered an accomplice.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoThe POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time.
The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at the time of the sale. The AIF has committed fraud and theft of the proceeds of the sale. Those are serious criminal charges and you need to bring this situation to the attention of the "purchaser" of the property and the authorities or you may be considered an accomplice.
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Closing attorney record two deeds put the wrong one in first place- title insurance is purchased what happens in NC?
You should contact the attorney who did the recording and the title insurance company and insist the situation be corrected.
What happens when a power of attorney dies and the principal is incapacitated in the state of Virginia?
If the Attorney In Fact dies, then the Power of Attorney is null. In most states this means that if the individual is incapacitated the next of kin can have that person adjudicated incompetant in Probate/Family court and can take over the affairs. NB: a Power of Attorney is a document. An Attorney In Fact is the person to whom a power of attorney is granted.
What happens if house is yours alone but secured loan is in joint names and you sell the house?
The amount needed to pay off the loan will be withheld from the proceeds at the closing. The purchaser's attorney will make certain the mortgage is paid off.The amount needed to pay off the loan will be withheld from the proceeds at the closing. The purchaser's attorney will make certain the mortgage is paid off.The amount needed to pay off the loan will be withheld from the proceeds at the closing. The purchaser's attorney will make certain the mortgage is paid off.The amount needed to pay off the loan will be withheld from the proceeds at the closing. The purchaser's attorney will make certain the mortgage is paid off.
What happens if you dont have an attorney the day of court?
You go without an attorney.
What happens if the person granted power of attorney as well as executor dies before the grantee?
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
Can a patient be transferred to another hospital with power of attorney if the patient doesn't want to?
Yes, the power attorney is a legally binding agreement. If the power attorney thinks that it is in the patient's best interest to be moved to another hospital, then that is usually what happens. The only other reason that would be able to be granted otherwise, is if a patient is able to still make his/her own decisions still, then they can vocalize their feelings.
What happens when a judgment is not granted?
You can appeal or accept the judgement.
What happens before a closing statement but after the jury selection?
Verdict
What happens if you deny the noncustodial parent visitation while under court ordered visitation?
He/she can file a motion for contempt of court, and if granted, a change of custody. I teach parents how to collect evidence and how to do this without the need of hiring an attorney. see link
What happens if an attorney decides to stop representing you for lack of payment on a pending case?
He actually must make a request to the court to withdraw from the case, and the judge must approve. Ninety-nine time out of one hundred the request is granted. Then the defendant is either given the option of engaging another attorney or, if he qualifies, have a public defender appointed.
What happens if you did not answer the interregatories asked by the plaintif?
Ask your attorney.
What happens if your attorney gets sanctioned for misconduct?
If it affects the work he has done or is doing for you then get another attorney and sue him.
