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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33796
Experience:  15 years real estate, Realtor. Landlord 26 years
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My step mother is in process of trying to sell all property

Customer Question

My step mother is in process of trying to sell all property associated with my Dad'sname. This includes family land that he has paid taxes on for a very long time. There is no clear title and lots of cousins from his brothers and sister. Can she legally sell this land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is father still living?

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If so, does step mother have a Power of Attorney to act on his behalf?

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If he is deceased, was she listed on the deed to the property as a "joint tenant"?

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Has anyone opened a probate case to settle his estate if he is deceased?

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thanks

Barrister

Customer: replied 1 year ago.
As far as I know there is no deed to the property, she has his POAandhe is still living. She wants his name off all assets so can place him in a care center in the near future and the state would pay for that.
Customer: replied 1 year ago.
Dad is 90 and having some demetica issues. She is in her 80's and is already in one lawsuit with one of our neighbours over property lines on someproperty.
Expert:  Barrister replied 1 year ago.

Ok, thank you for that information. Unfortunately if she has a POA for father and he is not objecting or is unable to object due to his illness, then she could legally proceed to sell any assets that he had in his name.

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As for the family land, if she has no deed and can't convey clear title, then she will have a hard time finding someone to purchase the property. She would have to file a "quiet title" action in court to have a judge declare father to be the legal owner of the property before she could then sell it and convey clear title.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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