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Philadelphia Estate without a will
Need Advice from someone who has been in a similar situation.
We had an Agreement of Sale to purchase a property between the owner and my LLC. The papers were signed by the Legal Power of Attorney. The owner passed away in March, 1 week before we were supposed to close.
The owner did not have a will, had no children, the only person that is known is the sister.
I am still in communication with the Legal Power of Attorney and would like to resolve this issue sooner than later.
What would you do?
Most Popular Reply
Ah totally missed the part about the owner passing away in March. Not sure if I know a caselaw directly on point but conceptually I could see @Jared Forman still having an enforceable contract and being allowed to bring an action for specific performance if it comes to it. This is true even if there a "time is of the essence" clause. While it is true that courts generally don't have issues with enforcing such clauses, there are various exceptions to it (e.g. when parties act in bad faith, crazy force majeure situations, etc.).
But all of it will depend heavily on the exact facts and what Jared did since the owner passed away.
Agree with you that the Attorney in Fact cannot do much for Jared.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.