[WSBAPT] Death of principal before sale closed

[Kelby Derenick]

If the sale happened in WA it should still be valid.  The deed was signed
by the POA when the owner was still alive and the deed was delivered to the
escrow agent to satisfy the delivery requirement.  The intent to transfer
ownership occurred at that time.  The only thing that didn't happen was
recording, which can happen afterwards.  CA law might have differences but
I believe it would be valid if it occurred in WA.


Kelby J. Derenick
Attorney

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On Wed, Sep 24, 2025 at 3:22 PM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> 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
> ------------------------------
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Susan Spuller <
> susan at petersonspuller.com>
> *Sent:* Wednesday, September 24, 2025 2:23:48 PM
> *To:* wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Death of principal before sale closed
>
> You don't often get email from susan at petersonspuller.com. Learn why this
> is important
>
> 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
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>
>
> Susan E. Spuller
>
> Attorney at Law
>
>
>
> Peterson Spuller, PLLC
>
> 345 Knechtel Way NE, Suite 102
>
> Bainbridge Island, WA 98110
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