[WSBAPT] Death of principal before sale closed

[Joshua McKarcher]

I do not mean to be dismissive or avoidant, but this seems like a problem of California law and a problem for the title company and escrow company. If they recorded and satisfied themselves that they had a good deal and issued a title policy to the new owner, I don’t know what more there is to think about. Doesn’t the title insurance company have the problem here?

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
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Sent: Wednesday, September 24, 2025 2:23:48 PM
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Subject: [WSBAPT] Death of principal before sale closed

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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.



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