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Staywarm, congratulations! For your sake, I'm glad that hospice acted improperly and sent this poor lady to the ER.
For her sake, as well as her family, I'm very sorry that they did that, and can't help wondering why. Definitely not what a good hospice should be doing,
I agree wholeheartedly. We were shocked that a HOSPICE did that. I have read in the past that many DNR's are ignored by hospitals, and especially by family who can't seem to let go, even though the patient had requested the DNR themselves. Personally, I think some laws need to be enacted to keep this from happening.
The family we were dealing with were so loving of their parents. It was obvious in the way they talked about them and the stories they told us at the closing. We feel close to their parents now, even though we never met them. We also have a very warm feeling about our new house, given how much the parents loved it. Their daughter told us that the dad said it was the best move they ever made in buying this home. Hopefully, that will turn out to be the way we feel also.
At time of death a Power of Attorney is no longer void.
The Executor now is in charge.
If the contract to buy happens before the owner dies and signed by the one with the Power of Attorney, the contract stays in effect.
The Executor is the one that will complete the sale.
If the Executor does not want to do so, the buyer can sue to enforce the contract. As soon as a buyer finds the executor will not complete the sale, a lies pendens needs to be filed at the court house that gives notice they will be sued to enforce a contract. In most states, this is as simple as to file a copy of the contract itself at the courthouse, and you have a year to enforce the contract. During that period, the property cannot be sold or given to anyone else. No intelligent executor will want to explain to the court why they are not completing the contract. I have seen this used to solve problems several times over many years in the real estate business.
He are under contract to buy a home which is owned by a lady very ill in a nursing home. At this time her daughter is the power of attorney and has signed the documents so far.
The lady's death has apparently recently become imminent. If this happens, what happens to our contract on the house? Can the Power of Attorney still sign for her at the closing? Or is the Executor now in charge?
Have any of the realtors on here had this happen? Will we have to go back to square 1?
We actually dealt with it more than once and right now are dealing with a bad law firm that handles an estate of a rental we manage and we learned in January of this year that the owner passed away.
Only a week ago the law firm was able to give us a W9 for the estate and we still don't know what the heirs will do other than they want money badly.
We kept writing checks to the owner but added " ask for ID" since nobody gave us official notice who the heir was and the law firm at one point stated that we could issue the checks to them so we asked for an official court document showing who the estate handled and that took almost 8 months.
Meanwhile a daughter in law got upset about checks that wouldn't clear because they were voided by the time she put them in the ATM and the bank already had voided them so she got banke fees for these checks but the checks show clearly " void after 90 days".
We get on a regular base news letter for property management from a law firm and they warn and advise for certain things and they have send warnings about owners or tenants passing away and what not to do or what you can do.
I agree wholeheartedly. We were shocked that a HOSPICE did that. I have read in the past that many DNR's are ignored by hospitals, and especially by family who can't seem to let go, even though the patient had requested the DNR themselves. Personally, I think some laws need to be enacted to keep this from happening.
The family we were dealing with were so loving of their parents. It was obvious in the way they talked about them and the stories they told us at the closing. We feel close to their parents now, even though we never met them. We also have a very warm feeling about our new house, given how much the parents loved it. Their daughter told us that the dad said it was the best move they ever made in buying this home. Hopefully, that will turn out to be the way we feel also.
There seems to be a very common misunderstanding about Hospice patients and the emergency room. As a primary care-giver of my mother in Hospice, there were three occasions I had to call an ambulance for her. None had anything to do with her terminal diagnosis and all three were within the boundaries of Hospice care. For all we know, the seller in this case went to the ER for advanced pain control.
There seems to be a very common misunderstanding about Hospice patients and the emergency room. As a primary care-giver of my mother in Hospice, there were three occasions I had to call an ambulance for her. None had anything to do with her terminal diagnosis and all three were within the boundaries of Hospice care. For all we know, the seller in this case went to the ER for advanced pain control.
Actually, she was having breathing difficulties and the hospice sent her because of that.
When two parties are in contract of sale but if in the middle of that contract if either parties dies before the sale can be completed. Then that party is not in contract and if a seller dies before the settlement at that time the seller cannot hand little to the property to the buyer.
Actually, she was having breathing difficulties and the hospice sent her because of that.
Unless one is there, it's very hard to judge. Again, she could have had issues breathing and she was sent to the ER to be made more comfortable. Of all my posts in City Data, my prior reply on this thread on 9/26/2014 has had the most reps of any of my comments since joining CD. That tells me many of us has been down this road and things aren't always as they seem.
When two parties are in contract of sale but if in the middle of that contract if either parties dies before the sale can be completed. Then that party is not in contract and if a seller dies before the settlement at that time the seller cannot hand little to the property to the buyer.
Wrong. Actually when the seller dies, the sellers estate is handled by the executor. The executor has to file with the court his right to be the executor, and then takes on the responsibility. The executor takes over, and completes the sale and handles any other pending business of the owner, acting on the estates behalf.
I have been involved in sales where the owners died before closing when in the Real Estate Commercial Brokerage for decades, and understand how things are handled. The heirs may not want the sale to complete, but have no choice as the executor must complete pending sales as if they were the owner completing the sale, without any input from the heirs.
At the present time, we are involved in two estates by two of our children that have died within the last 4 months (one 2 weeks ago). My daughter was single with no children, and had named her brother as executor. As I live in the same county where she died, I have been my son's liaison with the court, etc., on this end. As she had no debts, and a substantial estate, it has taken some time to handle, and will be completed about the end of the year due to the required time requirements. They will advertise for any debts, pay all bills, etc., and then after a set minimum time has elapsed for bills and claims to come in, and in the case of a pending sale complete the sale, and they will do things like file income tax forms, etc. Then and only then, can they make final distribution of assets to the heirs as per the will. If there is no will, then the court will appoint the executor.
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