Stopping an Estate Auction

[CharlieW]

What is the name of your state (only U.S. law)?

Kentucky

My Father in law was in a nursing home for about 20 days. He rushed into signing a contract with an auctioneer to auction off his home. He died a few days after signing the contract and the will leaves everything to his two daughters.

The auctioneer refuses to discuss dissolving the contract.

Can the auction be stopped ?

 

[justalayman]

maybe, maybe not.

It will depend on what is in the contract. Contracts do not generally terminate at death of one of the parties.

 

[CharlieW]

duplicate post

right

I moved it here and noted that in the other thread ...... I didn't see this sub fora initially

 

[justalayman]

I saw you had deleted the other one so I came back and edited my post

 

[CharlieW]

maybe, maybe not.

It will depend on what is in the contract. Contracts do not generally terminate at death of one of the parties.

I understand that. We haven't obtained of a copy of the contract yet. The auctioneer told me he'd send me one and he hasn't. The deceased had a family member become power of attorney and she rushed him into hiring the auctioneer. Long story short, she has a copy of the contract but won't let the executor of the will have it. Her status as power of attorney lasted about a week and she turned into a power hungry monster.

Anyhow....
I know an attorney will need to see the contract, but right now we do not know how to acquire a copy of it.

 

[CharlieW]

I saw you had deleted the other one so I came back and edited my post

no biggie


.

 

[anteater]

The authority of the agent under a power of attorney ends when the person granting the power passes away. That family member now has no authority.

Has probate been opened and has the "executor" been appointed by the court?

 

[CharlieW]

The authority of the agent under a power of attorney ends when the person granting the power passes away. That family member now has no authority.

Has probate been opened and has the "executor" been appointed by the court?

Noted on the power of attorney.

Probate has not been opened yet. My hope in asking the question here is to find any help or suggestions that will be useful when we do consult an attorney..... This will probably be Friday.

 

[justalayman]

until probate is opened, nobody has the authority to do anything. Once probate is opened and a personal representative is established, they have the right to demand a copy of the contract.

 

[CharlieW]

fair enough

We'll just have to see an attorney and get the process started.

 

[LdiJ]

What is the name of your state (only U.S. law)?

Kentucky

My Father in law was in a nursing home for about 20 days. He rushed into signing a contract with an auctioneer to auction off his home. He died a few days after signing the contract and the will leaves everything to his two daughters.

The auctioneer refuses to discuss dissolving the contract.

Can the auction be stopped ?

Yes, the auction can be stopped. No auctioneer can force someone to auction property they do not want to sell, just because there was a contract with them. That would be like a real estate agent forcing someone to sell a house if they change their mind before any offers have been made. Neither thing can happen. However, that doesn't mean that the auctioneer might not be due some sort of compensation under the contract.

Its going to be critical that you get the attorney to very quickly deal with shutting the auctioneer down.

 

[ecmst12]

Now...can the nursing home be paid without selling the home?

 

[CharlieW]

Now...can the nursing home be paid without selling the home?

Don't owe them a penny. His insurance never ran out. That is the issue. An incompetent family member rushed the deceased into hiring an auctioneer he didn't need.