How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask KimberlyLaw Your Own Question
KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4219
Experience:  13 years of experience practicing law.
8989662
Type Your Family Law Question Here...
KimberlyLaw is online now
A new question is answered every 9 seconds

Years ago when my father died of a brain tumor at age 55 he

Customer Question

Years ago when my father died of a brain tumor at age 55 he left my mother and me
The house . Both our names are ***** ***** deed.
Now my mother is 85 and very sick with Alzheimer's . She is no longer living in her home that we both own. She lives with her grandson ( my son) and his wife .
I have power of attorney for my mother .
What i need to find out is can I sell the house even though her name is ***** ***** ? I can't afford the up keep of two houses and taxes .
Can i sell it where she is incompetent and doesn't have her right mind?
Is there anything I need to do to be able to sell the house?
This is in Vermont , Franklin county .
Thank you
Linda Corbiere
Submitted: 2 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 2 years ago.

Hi Linda,

Yes. With a power of attorney you can sell the property IF that power of attorney document specifies that you have the right to transfer real property. It is a very specific requirement. If that's in there, you are good to go.

If it's not in there, the only way you can sell the property would be to go to court and get legal guardianship of her, and then you would be able to sell the property.

I hope this helps!

Kim

Customer: replied 2 years ago.
Hi Kim
Thank you for your help.
I have attached power of attorney doc .
It is so confusing to me .
Can you tell me if this allows me to sell or not?Ty Linda :)
Customer: replied 2 years ago.
Ty
Expert:  KimberlyLaw replied 2 years ago.

I will go ahead and take a look for you. Generally you should add additional work through a separate question so the expert gets paid for their time.

According to just the two pages, without reading the entire document, it appears to me that this trust is only regarding personal property. I do not see "real property" stated anywhere. In that case, you do not have the legal authority to sell any real property.

I hope this helps,

Kim

Expert:  KimberlyLaw replied 2 years ago.

Hello,

I am happy to have been able to work with you on your question.

I see that this question still needs to be closed. Please close out the question with a 4 or 5 rating. If you don't, the system may keep your money and I won't get paid for my work with you.

Take care,

Kim

Expert:  KimberlyLaw replied 2 years ago.

Linda,

I need to close out this question. If you don't rate a 4 or 5 and close the question, the system may keep your money and I won't get paid for my work with you.

Thanks for taking care of this,

Kim