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A Power of Attorney ends at death. If the grantor passes before closing, the deal can’t close without probate.
When a seller is acting under a Power of Attorney (POA), there’s one critical rule:
The POA dies with the grantor.
That means if the grantor (the person giving the POA) passes away before closing, the POA is instantly invalid.
The attorney no longer has authority to sign documents or complete the transaction.
At that point, the property becomes part of the estate.
Control shifts to the estate trustees, and in most cases, probate is required before the property can be transferred — and that process can take months.
This means that if an Agreement of Purchase and Sale is already in place, it’s unlikely to close on the scheduled Completion Date.
Why this matters?
Many POA sales happen because the grantor is in declining health. As a Realtor, you need to be aware of the risk.
A deal that looks firm on paper can collapse if the grantor dies before closing, leaving everyone stuck in limbo.
So, remember... POAs don’t survive death.
If you’re listing under POA — especially where health is an issue — make sure your clients understand the risk and draft accordingly.
Zachary Soccio-Marandola
Real Estate Lawyer
Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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