[WSBAPT] Death of principal before sale closed

[Susan Spuller]

Hello listmates,
I'm hoping someone can give me some guidance on an issue I haven't faced before.  HC is the sister of a woman who passed away recently.  Decedent had signed an RLT naming HC successor trustee and a POA naming HC as AIF.  Decedent owned a house in CA that was not transferred into the trust because decedent had just moved to WA and planned to sell the property.  While sister was still living, HC/AIF signed all the paperwork to list the house and the eventual sales agreement.  The sale was contingent on the purchaser being able to sell their own property, which they eventually did, and HC/AIF signed all the closing paperwork (also before sister's death).  Here's my question: does the fact that the sister died a few days before the closing date affect the sale?  HC/AIF signed everything while principal was still living but the sale wasn't complete when she died and, obviously, the POA terminated on sister's death.  If it makes a difference, as far as the purchaser and the escrow company are concerned, the sale closed, and they have issued a check to decedent.  HC would like to be able to open a probate in WA and just distribute the funds (there was a pour over will).  I hope I'm borrowing trouble by being concerned about this, but any thoughts appreciated.

PLEASE NOTE THE NEW EMAIL ADDRESS

Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102<https://www.google.com/maps/search/345+Knechtel+Way+NE,+Suite+102+Bainbridge+Island,+WA+98110?entry=gmail&source=g>
Bainbridge Island, WA 98110<https://www.google.com/maps/search/345+Knechtel+Way+NE,+Suite+102+Bainbridge+Island,+WA+98110?entry=gmail&source=g>
206.855.9293
Fax: 206.678.0105
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