Legal Question in Wills and Trusts in Florida
My Mother died last year. My Father has Alzheimer's and my sister has power of attorney. My father owns a house in Colorado that I live in and pay rent. He also owns a house in Florida that is rented to a friend of my fathers. The Colorado house is willed to me and the Florida house to my sister. My question is could my sister sell the Colorado house if she wanted to?
3 Answers from Attorneys
Probably, if that is among the powers granted to her in the power of attorney.
Probably, the answer depends upon the powers granted to your sister under the "Power of attorney." If the document grants her the authority to sell the Colorado or any real property she could exercise it in her discretion. However, you can utilize the argument that she should sell the Florida home first.
It depends on the extent of your sister's power of attorney. If you have a copy, you may want an attorney to review it to advise you accordingly. Regards,
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