I am a real estate agent with a customer who wants to list her deceased father's home. Can I list the home?

If this matter were in Florida I would recommend that the "customer" go see a probate attorney for advice to start with as someone will need to open the estate, her or the appropriate family member. There is nothing initially that would give her the authority to list the home. You do not state what her relationship is with the decedent. If she is the widow then almost certainly she could be appointed by the court as the executor or personal representative. if she is so appointed, she should then have the authority to list, but the court will probably have to approve any contract before it can close.

Before your client lists the home, she must have legal authority to do so. More details are necessary, please. Even if there is no will, the estate of your client's father may need to be admitted to probate for the purpose of establishing muniment of title. Muniment of title gives the future buyer of the home (and presumably the issuer of the buyer's title insurance) certainty that the seller is the rightful owner and that title to the property is free of debts or encumbrances, etc. Your potential seller needs to discuss the matter with an attorney before making any moves. We are happy to give her a free initial consult. Best of luck.

Actually, she may have the legal authority to list the home IF she is the only heir. If she is, then title to the property vested in her a the moment of her fathers death. If that is the case, the previous advice is basically that she will have to be able to establish her right as the sole heir, either through a probate proceeding, affidavits of heirship or both. In any event there are a number of steps that will need to be taken before a sale that will be insurable. Consult with a qualified real estate attorney in your area. You will likely need to know several additional factors before a definitive answer can be given.

Your client needs to see a probate attorney for advice. Probably your client will need to open an estate. Do you think a lender will let money change hands on a piece of real estate that your client doesn't hold title to? If your client is worried about money, I have a feeling that she could find an attorney who would be willing to wait until the sale closes before getting paid. I probably would in this situation.

Like the answer to most legal questions, the answer to this is is, "It depends." Whether the daughter has sufficient ownership in her father's home depends on whether the father completely owned the property upon his death, whether he did with a will, whether there are any other siblings with this same father. And several more. Certainly you have an ongoing relationship with a live lawyer with whom you can discuss this question. If not, then feel free to develop one with me and I will help you find someone in your area to help you further.