Ladybird Deed

[Julie N.]

Texas - My mom, who is in the nursing home, had a Ladybird deed done stating that my sister and I are the grantees. Since she will never come out of the nursing home, can my sister and I rent her house to someone. The house is just sitting there and it would better if someone lives in it.
We do not want to sell it we just want it to be lived in.
Thank You

 

[xylene]

Is your mother in agreement with this plan?

You should consult with an expert before renting a property, it is not easy. You have many things to consider.

 

[Zigner]

Is your mom able to make decisions for herself? If so, then she should be consulted.

 

[Julie N.]

Yes my mom is in agreement.
Thank you for the help.

 

[Zigner]

Then it seems to me that your mom can rent her house out - you can act as her "agent" for her in this matter. You may wish to get a power of attorney for you to do this.

 

[HRZ]

As above, Mom can rent it out ...she might be smart to appoint one or both of her children as durable powers of attorney as to such rental and any other of her affairs as she thinks appropriate . Be sure to use a written lease , no home brew stuff, and best to have it crafted by competent counsel so it's clear you are empowered to act on her behalf etc.

 

[Julie N.]

Yes, that is what I was hoping to hear. I am already my Mom's Power of Attorney and would definitely have a lease drawn up by a lawyer.
Thanks!!