poa or probate

[hjallen]

What is the name of your state?What is the name of your state?What is the name of your state? Michigan

My qustion is this my dad has alzhimers and my mother had a stroke the family has come to us and asked us to take care of them my wife doesnt work she got laid of just before this so in return they would like us to buy the house so we agreed after we talked it over with our 16 yr old daughter and 7 yr old son the family appointed my oldest brother lead poa then my youngest sister then me. then they agreed to sell us the house for the balance owed on it that amount is $66,000 sev value is $116,000 left $50,000 in return for taking care of them for 2 yrs it would wipe clean unless they both die first then it would be wipe clean then also the attorney drew the papers up and everybody signed. well in try to finance this place the title guy told the c.u. that it has to go through probate nobody can be appointed poa with out the probate if somebody is incompitant is this true and how long can this drag on for or is there something else i can do ?
did anybody else go through anything like this?
Thanks for any info

 

[Dandy Don]

If mother or father has died, the executor of the estate is the only one that can handle the dealings on the house.

If no one has died, then the title guy gave you incorrect information--if no death has occurred, then there is no need to go through a probate. You need to talk to a local real estate attorney or family law attorney or a different title company. POA should be able to handle this transaction, unless he meant that someone needed to be appointed as official guardian for one or both of the parents.

DANDY DON IN OKLAHOMA ([email protected])

 

[hjallen]

the title guy is saying that because my dad was diagnosed with alzhiemers over a year ago and we had did the poa in march but he knew what was going on this has become a big mess my wife and i are getting frustratedsometimes we are at each others throat and are trying to hold our cool with everthing

 

[BlondiePB]

A POA signed by an incompetent person is not valid.

 

[hjallen]

michigan

So the poa is not legal even though he knew what he was signing at the time, but he does go in and out, like alzhiemers do. How long does it take to go through probate for something like this? Can I have our names added to the deed, then refinance, and have their names removed. Will that work? Our goal is to get the mortgage out of their names and into ours, as we take care of them. The family is with us on this because they don't want to take care of them.

 

[BlondiePB]

You have a PM (private message). Near top of page by your user name, click on PM.

 

[Dandy Don]

You may want to consider talking to a family law attorney--it might be possible that you need to obtain a legal guardianship or conservatorship in order to have the legal power to act on their behalf.