What to do if our house was under contract to sell but my husband died before the sale was closed?

I have a Power of Attorney for my husband regarding the sale of the house, and a durable POA. I still want to sell the house, and the rest of the family agrees that I should. Is there a way to still sell the house without huge delays?

Asked on June 10, 2014 under Estate Planning, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  First understand that a Power of Attorney is no linger valid now that your husband has passed. But if you held the house with rights of survivorship (which is generally how spouses hold a property) then the property passed to you automatically at the time of his death and you should be able to go through with the sale with a little modification of the contract should the buyers still wish to purchase and you wish to sell. Speak with an attorney.  Good luck.


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