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Listing Estate Property and Working with Power of Attourneys

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In addition to mandatory listing documents, you must provide proof that the individual that is selling the property has the right to do so. You will need a copy of the will or Power of Attorney indicating that the individual can legally sell the property.


FINTRAC is required for all people that are signing.


A note we have received from a lawyer:


If the estate has not received Letters Probate, you must make a note that your clients are signing as proposed executors before listing. The closing date cannot happen until after the Court grants Letters Probate - this could be in the court for a couple of months. If listing prior to Letters Probate, there must be a seller's condition on granting Letters Probate and the possession date should be set for 14 days after Letters Probate are granted.


It's a good idea to have a discussion with your clients on how this may affect the sale of the property.





 
 
 

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