Title Company Can Record After Death a Deed Delivered Under Power of Attorney
An elderly lady has executed a Power of Attorney to her son. Under the Power of Attorney, the son delivers a deed to the title company for the sale of his mother’s home. Prior to the close of escrow, however, the mother dies. Can the title company record the deed after the death of the mother?
Probably. The delivery of the deed to the title company under the Power of Attorney was a conditional delivery, namely, if all conditions for the closing of the transaction were met the title company was authorized to record the deed.
Note: All Powers of Attorney terminate upon the death of the ward, and the attorney-in-fact under the Power of Attorney loses all authority. A Power of Attorney generally also terminates upon the incapacity or insanity of the ward, unless the Power of Attorney is a Durable Power of Attorney.
Arizona REALTOR® December 2008