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09-25-2008, 03:59 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | Selling home owned by mom and dad
What is the name of your state (only U.S. law)? Alabama
I want to sell my house in Jefferson County that my parents helped me buy 8 years ago. Unfortunately, my mom suffered a stroke 2 years ago and is bedridden. She can't walk, talk, and has limited use of her left side. Both her name and my father's name are on the deed.
The family attorney has told my father that it would take a long time and a good deal of money to prove that my mom is not capable of signing off on the house. I have a hard time believing that, since she has been in a nursing home for two years and the doctors see no chance of recovery. Can you please help me? I don't want to ask too many questions of my dad or talk to another attorney without getting my assumptions backed up.
Thank you in advance for any help you provide. |
09-25-2008, 06:57 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by darcialarosa  What is the name of your state (only U.S. law)? Alabama
I want to sell my house in Jefferson County that my parents helped me buy 8 years ago. Unfortunately, my mom suffered a stroke 2 years ago and is bedridden. She can't walk, talk, and has limited use of her left side. Both her name and my father's name are on the deed.
The family attorney has told my father that it would take a long time and a good deal of money to prove that my mom is not capable of signing off on the house. I have a hard time believing that, since she has been in a nursing home for two years and the doctors see no chance of recovery. Can you please help me? I don't want to ask too many questions of my dad or talk to another attorney without getting my assumptions backed up.
Thank you in advance for any help you provide. |
**A: is your father willing to sell? If so, have Dad request a POA for Mom through court action. |
09-25-2008, 08:35 PM
| | Member | | Join Date: Jun 2008 Location: Mississippi
Posts: 118
| | | Your family attorney should have advised SOMEONE to get POA
before now.
Does anyone in the family already have a POA for your mother?
You should definitely be looking for another attorney!
Last edited by nanato2; 09-25-2008 at 08:38 PM.
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09-26-2008, 04:16 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | Dad wants to sell if I want to sell.
An attorney friend says one of us needs to get assigned as conservator/guardian. This will have to go thru probate, but not nearly as costly as family attorney says. I would think Dad has POA, but wouldn't family attorney point that out? Is POA the same as Conservator, when it comes to selling a home? |
09-26-2008, 04:51 PM
| | Member | | Join Date: Nov 2005
Posts: 177
| | | Just as a matter of clarification It's not really "your" house if you're not on the deed.
Go to court and get appointed a guardian/conservator, get dad to get a POA, and sell the house. |
09-27-2008, 01:10 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by darcialarosa Dad wants to sell if I want to sell.
An attorney friend says one of us needs to get assigned as conservator/guardian. This will have to go thru probate, but not nearly as costly as family attorney says. I would think Dad has POA, but wouldn't family attorney point that out? Is POA the same as Conservator, when it comes to selling a home? | **A: get a 2nd opinion from another family law attorney. | |
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