QUESTION
Can we sell the family home when she passes?
Asked on Sep 25th, 2012 on Estate Planning - Michigan
More details to this question:
My mother is in a nursing home and suffers from dementia. My sisters and I have Power of Attorney for her.
9 ANSWERS
Once your mother passes away, your power of attorney expires.? You can use it now to sell the house, but if the sale isn't completed before her death, you will have to file a probate estate, whether she has a will or not, in order to sign the deed over to the buyer.? I suggest consulting an experienced attorney to help you with this situation.
Answered on Oct 04th, 2012 at 11:11 PM
Leonard A. Kaanta
The power of attoney dies with your mother, and the house will have go through probate.
Answered on Oct 01st, 2012 at 10:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Hello~ You cannot sell the home using the POA forms. Those cease to have any effect at all, upon your mother's death. You would need to open a probate estate, if the property is titled in her name alone. There may be other issues, as well. If your mother is receiving Medicaid, then the State of Michigan will likely file a lien against the home in order to recover some of the money paid out as a benefit for your mother.
Answered on Sep 28th, 2012 at 7:50 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The power of attorney is only valid while your mom is alive. A will or trust will control the disposition of the real estate after her death.
Answered on Sep 28th, 2012 at 7:48 PM
A power of attorney is only valid while the person is still alive. Once your mother passes, you will be required to open a probate estate and get the court's permission to sell the house.
Answered on Sep 28th, 2012 at 7:48 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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A Power of Attorney would end upon your mother's death. The home could be sold upon her death but it depends how it is held. If it is just in her name, a probate estate will need to be opened first.
Answered on Sep 28th, 2012 at 7:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, it will pass in accord with her last will or must go through probate unless sold before she dies. I do not fully understand your question. More information is required. As stated your question does present some issues and therefore they should not discussed with anyone until you have received counsel from an attorney.
Answered on Sep 28th, 2012 at 1:17 PM
Powers of attorney automatically are rendered null and void upon death. The family home may pass to you and your sisters if (1) it is entirely owned by her and she (a) dies without a will and had no husband or (b) so provided in a will, trust or other transfer document.
Answered on Sep 28th, 2012 at 1:26 AM
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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A financial power of attorney is typically a tool you use to manage someone's assets while they are alive and unable to tend to their finances on their own. At death, a financial POA is generally no longer effective. If the house is in her name alone when she passes, there will likely be a need for probate. Probate is necessary when someone dies and leaves property with no legal owner (such as a house which is owned solely by the deceased individual at his/her death). If the house is jointly owned, is in a trust, or is the subject of a beneficiary deed, probate should be avoidable.
Answered on Sep 28th, 2012 at 1:24 AM