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A

AzHippy

Guest
What is the name of your state? SC
November of last year my father died unexpectedly. I went home (SC) for the funeral and spent one week taking care of Social Security, bank accounts and life insurance settlements for my mom. Two month later I am confronted by my sister, who lives in SC concerning my mom. It seems she has Alzheimers and is seeing little monkey people and has left the house and will not return. I went back in February and had her hospitalized and evaluated. Doctor said she could not take care of herself, nor could my sister or I provide the care she needed. We moved her into an assisted living facility and put the family house up for sale.

My father had left a will and my mother is to receive everything. When I was back there, following the funeral, my mother filled out a durable power of attorney, naming me. To make a long story short, the house has a cash offer which is good till the 30th. As the deed was going through escrow, I get a phone call and the escrow lawyer asked about if the will has been probated!?! I live in a community property state and had not thought about it.

Short story is, my mother is out of money. We need to sell the house to make this months payment for her care. We started the probate today. Is there any way to allow the house to sell during the probate? The offer will be withdrawn on the 30th. So, we (my mother) needs to have this happen quickly. I could care less about the rest of the probate. I just do not want to have to move my mother to a nursing home while she is still benefitting from assisted living just to make her elegible for medicaid.

Thanks in Advance.
 
Last edited:


Dandy Don

Senior Member
Are you serving as executor for this estate? If so, then as soon as you receive your letters testamentary from the court you will have the authority to conduct and sign for the sale.

It is vitally important for you to have the services of a real estate attorney to specifically review the documents for the real estate transaction to represent your interests to make sure there are no unforeseen glitches or unexpected occurrences that might delay the sale at the last minute (has the deed been checked for clear title, checked to make sure there are no liens against it, etc.).

You may want to consult with a probate attorney to find out whether, or how, if necessary, you could inform the probate court/judge of your need for perhaps an expedited probate if needed for this sale to go through. It is a bit unlikely to expect that a South Carolina probate attorney would be reading this message board.

DANDY DON IN OKLAHOMA ([email protected])
 

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