Legal Question for Estate

[Horn_Spanker 524]

Can I, only child and POA, sell my mom's house?  She's in a rest home and will never return to the home.

[ROFL BOX 6655]

 

Definitely a tough one.

[TwiceHorn 32081]

If the power of attorney is broad enough to encompass such a thing, at least theoretically, yes.

However, some parties may be skeptical of the POA and whether it might create a problematic transaction.

If your mother is able to attend a closing or at least sign off on the deed, that would probably help.

[Horn_Spanker 524]

Thanks,  

Any advice on unoccupied home insurance with liability?  Called her RVOS agent to take off some of the crazy endorsements and they freaked when finding it's now unoccupied.  Gave a new crazy quote but without liability.

It might be a few months to clear out her crap and rent it (or sell it?).

[conVINCEd 21477]

14 minutes ago, Horn_Spanker said:

Thanks,  

Any advice on unoccupied home insurance with liability?  Called her RVOS agent to take off some of the crazy endorsements and they freaked when finding it's now unoccupied.  Gave a new crazy quote but without liability.

It might be a few months to clear out her crap and rent it (or sell it?).

If it’s going to be vacant the risk is substantially higher.  No one there to turn off the water if a pipe bursts or put out a small fire.

[dcbc 14644]

On 5/11/2021 at 12:24 PM, TwiceHorn said:

If the power of attorney is broad enough to encompass such a thing, at least theoretically, yes.

However, some parties may be skeptical of the POA and whether it might create a problematic transaction.

If your mother is able to attend a closing or at least sign off on the deed, that would probably help.

If it's broad enough, you should be able to sell it, but I'd bet a shiny nickle that the title company will make you take somewhat out of date POA form for your mom to sign before it will sign off on the closing.  That was our experience when we did this in January.  My wife and I both are attorneys, drafted my mom's POA for my sister to sell her house.  We laughed at the out of date crap the title company in Houston insisted they had to have her sign as a substitute for the already existing power of attorney.  But they always are robots in my experience.  So we just had her sign it and mailed it back to get it done.

Edited May 20, 2021 by dcbc

[horn4life 3838]

On 5/11/2021 at 11:21 AM, Horn_Spanker said:

Can I, only child and POA, sell my mom's house?  She's in a rest home and will never return to the home.

Just show your mom your Avatar and perhaps you can move from the P.O.A. to executor.... 😇

 

 

more seriously - I guess the only question is I would have is how is the payment for the nursing home being pair for?  I know there are some tricky issues regarding home sales if medicare/caid are picking up the bill.  I know my BIL has a rent house in his mothers name under s BS "expectation" that she thought she would return to the house in the future.  But I think there is possible claw back by the Government if they are paying for the nursing home.

[Horn_Spanker 524]

5 hours ago, horn4life said:

Just show your mom your Avatar and perhaps you can move from the P.O.A. to executor.... 😇

 

 

more seriously - I guess the only question is I would have is how is the payment for the nursing home being pair for?  I know there are some tricky issues regarding home sales if medicare/caid are picking up the bill.  I know my BIL has a rent house in his mothers name under s BS "expectation" that she thought she would return to the house in the future.  But I think there is possible claw back by the Government if they are paying for the nursing home.

I've got it balanced where her income is matching the nursing home expense.  If it gets more expensive, she has a savings account.  At this point in time, the government is not paying for anything.