QUESTION

In 2004 My mother added my name and my brothers name to the deed on her home. My mother is now 92 years old and in a care home. I am my mothers POA

Asked on Apr 23rd, 2012 on Real Estate - Colorado
More details to this question:
For the past 2 yrs the home has been vacant and the maintenance and up keep has been being paid out of my moms finances. My brothers refuses to agree to split expenses for the home and will not agree to list it for sale. Is it possible for me to file for a partition of sale.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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Yes.  I will assume you have a general durable power of attorney for your mother -- in other words, I will assume that either she is still mentally competent or that the power of attorney is good even if she is not mentally competent at this time.  In either event, you and your mother can represent only a 2/3 ownership interest.  You can't sell the property because your brother is uncooperative. Most states (probably all of them) have a statutory procedure whereby one or more co-owners can petition the court to have such co-owned property sold by court order.  It will almost certainly be a public auction.  In today's market, that may not bring the best price, but if the property is deteriorating and costing money to maintain, it may still be prudent to sell it.  You should confer with a good real estate lawyer in your area.  For a modest conference fee, you should be able to gain a good understanding of how the procedure works in your state and what the costs are.   
Answered on Apr 24th, 2012 at 7:55 PM

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