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All Forum Posts by: Account Closed

Account Closed has started 0 posts and replied 41 times.

Post: Deceased owner

Account ClosedPosted
  • Residential Real Estate Broker
  • Palo Alto, CA
  • Posts 49
  • Votes 21

I deal primarily with properties in probate and this comes up alot. When a deceased person is on title, you must find a living person who has authority to act on behalf of the deceased person or you're deal is dead in the water (no pun intended). The living person could be an executor, a successor trustee, or a beneficiary. But you must show a paper trail that supports the living person's claim of authority.
Regarding getting signatures from an elderly person or someone in poor health, I recommend that whenever possible you go to see that person yourself. It is very common for a family member to "help" the person sign, or to outright forge a signature. Worse yet, if the person does not have the mental capacity to sign, you want to protect yourself by getting someone with a POA to sign (as Kirk mentioned).