QUESTION
Can I sell my mother’s house since it has been signed to me over three years ago?
Asked on Sep 05th, 2012 on Estate Planning - Michigan
More details to this question:
She is now living in an assisted living and no one is living in her house. She will not be moving back. She does not need the money from the sale of the house to pay for the assisted living facility. I am her only child so there are no other siblings. My father is deceased. She gave the house to me. There is no need in letting it sit empty and I would like to sell it. I also have her power of attorney.
18 ANSWERS
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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If the house is already titled exclusively in your name, it is your property to do with what you wish.
Answered on Sep 11th, 2012 at 6:12 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If your mother transferred title to the house to you meaning she signed a deed and that deed was recorded then you have the power to sell the house. If all your mother signed was the power of attorney, then you need to review the power to see what rights you have. You can sell the house, but the sales proceeds would still belong to your mother, and not to you. I recommend seeing a lawyer for a one-hour consultation to review the documents that you have, and to determine for certain what your rights are. There is too much at stake here for you to rely on information over a public website like this. The lawyer may also have suggestions as to estate planning that should be done for your mother, to simplify the transfer of your mother's remaining assets after she passes away. You should NOT rely on what I say here as a legal opinion regarding your rights. For that opinion, you should meet with a lawyer in person.
Answered on Sep 11th, 2012 at 6:11 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If your name is on the title then you own it. If she is also on the title as a joint owner you need to be careful.
Answered on Sep 11th, 2012 at 6:09 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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If she made you the owner of the house, and there is no written agreement providing that you cannot sell the house until the happening of some future event, then you may sell the house.
Answered on Sep 11th, 2012 at 6:09 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If she gave you a deed, then it's not your mother's house, it's your house, you can sell it if you want. If you're wrong about her not needing the money for her care, and she has to apply for Medicaid in the next three years, then you will need to pay for her care personally up to the amount you get for the house. Also, her personal property in the house will have to be stored, unless she wants to give it away.
Answered on Sep 11th, 2012 at 6:08 PM
If you own the house in fee simple (all by yourself with no other claims upon it and you have a valid deed transferring the house to you), you can do as you wish. However, if another person or entity has some claim on it, you may need to get their permission to sell. And if your mother is on certain government programs, check to make sure that the selling the house won't change her eligibility.
Answered on Sep 11th, 2012 at 6:07 PM
Yes. Even if the deed was properly prepared and executed but never recorded for estate planning purposes less than five years ago, first, she may object and the outcome is uncertain. Second, if she is receiving Medicaid for the expense of assisted living away from the home, there may be Medicaid-related problems.
Answered on Sep 11th, 2012 at 6:07 PM
If title to the property has been transferred to you, then you can do anything you want with the property. If not, then you should consult an estate planning/probate attorney to determine what is necessary to to sell the property.
Answered on Sep 11th, 2012 at 6:07 PM
Yes, you can sell it if it is in your name on the Deed. However, if your mother does not have substantial other assets, the gift to you three years ago may have very adverse effects. If she was financially insolvent when she made the gift, and she has any creditors who remain unpaid, they may be able to make claims against the house or the proceeds from the sale. If she currently or in the near future makes a claim for government payments for her nursing home care, the gift to you may disqualify her from the benefits for a time. I suggest you take the whole situation to an attorney familiar with these rules before you sell the house.
Answered on Sep 11th, 2012 at 6:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would like to see how she "signed it over" but, from the information your provided, it would appear your can sell it.
Answered on Sep 11th, 2012 at 6:01 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If the property is in your name only, then you may sell the property as your mother does not need the proceeds from the sale to live in the assisted living facility.
Answered on Sep 11th, 2012 at 6:01 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If the house was transferred to you, then it is yours, and you may sell it.
Answered on Sep 11th, 2012 at 5:37 PM
Thomas Edward Gates
Did she assigned the home to you a Quit Claim Deed? If not, you would need to use the Power of Attorney to sell the home. There maybe tax issues you must address.
Answered on Sep 11th, 2012 at 5:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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CAN you do this? Probably. SHOULD you do this? It depends on information not included in your summary. You potentially have a serious income tax issue because of the way that this was set up. Gifts come with a "carryover basis," attached to them. That means that your basis for income tax purposes is whatever your mother's basis in the property was. If she has been there a while, that is probably a pretty low figure. If you sell the property, the difference between the sales price and the basis will be a capital gain to you. It could be significant. The alternative, depending on how the deed was set up, is to wait until your mother passes away, at which point, you might be entitled to a "step up" in basis to the fair market value of the property, as of the date of death. That could make the difference between paying tens of thousands of dollars in income tax and paying nothing at all. You also have potential Medicaid issues if your mother runs out of funds in the next two years. Her transfer of the property to you would be considered divestment, under federal law. That would render her ineligible for benefits for a period of time. If you can get beyond these two issues, there would probably be no problem in accomplishing what you wish to do.
Answered on Sep 11th, 2012 at 5:32 PM
Absolutely, if the property has been deeded to you, you may do whatever you wish with it.
Answered on Sep 11th, 2012 at 5:28 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes you can sell the house; you will need to record the power of attorney, provided the power was notarized at the time of signing. Also, if your mother was or is receiving some type of Medical assistance from the state to pay for her assisted living, the property may be subject to a lien for her care, which could come to your attention when closing the escrow on sale of the residence.
Answered on Sep 11th, 2012 at 5:25 PM
Neal Michael Rimer
If you received a Deed to the house and it was recorded, you are the legal owner. You do not need someone's approval to rent or sell the house. If she "gave" you the house, your tax basis is your mom's tax basis (which may be the fair market value as of your dad's date of death if the house was community property). Once she gave you the house, it is no longer hers to use, rent, or sell, unless you were to give her some rights. All rights belong to you. Her power of attorney given to you is not necessary if you got and recorded a deed to the house and it is now in your name.
Answered on Sep 11th, 2012 at 5:23 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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It's not clear to me from your question if it is her house or yours at this point or maybe both of yours. There may be some tax and medicaid consequenses if the house is sold so I would recommend you speak to an attorney and present more facts.
Answered on Sep 11th, 2012 at 5:23 PM