Probate Pitfalls & Power Plays: Navigating Authority - IN-PERSON - 9.9.26

Description

Death doesn’t stop a real estate deal—but it can seriously complicate it. If you’ve ever been unsure who can legally sign a listing agreement after a property owner dies, or confused about whether a POA still applies, this session is a must. Probate, trusts, intestate estates, and title transfers all come with hidden traps that can delay closings, trigger legal disputes, or cost your clients money. Understanding the legal roles and documents involved isn't just helpful—it’s essential to protecting your business, your clients, and your reputation. Don’t get caught off guard when the question is, “Who has the authority to sell this property?” Agents need to know how to navigate listings and sales when the owner is deceased, there is a trust, there is a will, there is not a will, the seller is not competent, etc. This course will familiarize them with basic documents used for these situations and offer an outline for working with clients in these circumstances.

Learning objective: 1. Know who has legal authority to act both before and after death for another person 2. Understand why POAs end and what replaces them 3. Learn the difference between dying testate (with a will) and dying intestate (without a will) as well as the difference between executors and administrators 4. Appraisal tips and understanding of date-of-death valuations 5. Identify must have documents for estate sales, and who has authority 6. Recognize specific situations, e.g. trusts, incompetent individuals, strained family relationships 7. Recall taxes and costs: estate taxes, estate tax returns, Medicaid look-back period, expenses for probate, timelines 8. Recognize and implement in your practice auxiliary services, or recommendations (estate clean-out, hoarding situations, insolvent estates, etc.)

Instructor: Melanie McLane
Credits: 4 Credit Hours