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Q: I am selling property for a husband and wife. The wife has just gone into hospice care and there is no POA for him. Do we have to wait for the estate to clear probate before we can move forward?

A: It depends. The language in the deed that granted the property to the husband and wife is going to be important here. In some situations, the language in the deed allows property to pass directly from one spouse to another upon death, without the property having to go through probate. Other deeds might require that the estate go through the probate process before the surviving spouse can proceed with the sale. Because deed language needs to be very specific, we suggest consulting with an attorney to make sure you and the parties know exactly what needs to be done. 

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