Legal Question in Real Estate Law in Maryland

Parents made valid duly executed deed granting two houses to my sibling as tenants in common upon their deaths; reserving life estate with powers (including to sell). If sibling later gets power of attorney over both parents, including power to sell any real estate that they own, can the sibling sell the houses without my parents knowledge or consent and without revising the deed?


Asked on 4/13/11, 10:10 pm

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

This is a really complicated question -- but basically, if you're asking whether a sibling who comes to be appointed guardian of your parent's property can sell that property, the answer is a solid "it depends". It depends on why the property is being sold and what is being done with the sales proceeds, etc. The sibling can't sell it to take advantage for themselves. But, they could sell it to benefit the parents. For example, they could sell it if they used the money to pay for the care and well-being of the parents. Notably, i assume that both of the "tenants in common" (I assume that the parents have a life estate and the children have the remainder interest) must agree to this b/c their interests are at stake. But if they both agree, and it benefits the parents, i'm not sure i see the problem.

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Answered on 4/20/11, 12:27 pm


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