Situation is this.

I have a signed contract with a now deceased home owner to install 4 custom Metal gates that I fabricated for him. He passed away In September 2021 and I did not hear from anyone regarding the install until 3 weeks ago.

His power of attorney for his estate called me and said she and the new tenant of the home want the gates installed As soon as possible. I told the attorney I’ll install the gates pending weather, sunshine no rain preferred due to corded power tools.

My question is does the power of attorney for the estate need to sign the same contract as the deceased customer for me to get paid my labor after installation of the gates ?

Powers of attorney cease upon death. Are you confusing titles by any chance?

Because how is a POA of a dead person consenting to alteration of the decedent’s property or spending estate funds by paying for it to be done?

That’s all under the purview of the executor/administrator of the estate.

I wouldn’t touch it without the estate’s legal representative contracting with you to do it.

You can probably pursue a claim against the estate for any unpaid portion of the work you had completed up until death (or when notified of death) if the estate representative balks at completion.

Hopefully the OP meant the estate executor/administrator instead of POA.  Most people don't understand the difference.

If the estate executor is asking for the work then it should be fine.

Sorry for any confusion on my end.

The attorney for the estate has poa and called me to go ahead and install the gates.  The customer paid for materials. I built the gates but I won’t be paid labor until the gates are installed. Per the contract.

Do I need the estate attorney with poa to sign the original contract to be paid my labor upon completion of installation ?


I’ve have never been in this situation as a contractor.

You don’t have to get a signature to have a contract. But why wouldn’t you?

Send the contract and ask for a current dated signature by the appropriate estate representative to ensure that the estate consents to completion of the original work pursuant to the original terms.

When you say the attorney has POA, I’m assuming you mean the executor/administrator has executed a POA to the estate’s attorney so the executor/administrator doesn’t have to come in and sign everything?

So I emailed the attorney and he has agreed to sign the original contract for the estate As the acting agent.

Get em to sign. Barring language to the contrary, death voids any contract.