Legal Question in Wills and Trusts in Illinois
My sister, my mother and I are all on the deed to my mother's house. There is no mortage on the house, it is fully paid. My mother is in a nursing home and can no longer make financial decisions for herself, so my husband is her legal financial power of attorney. The house is currently on the market for sale, and my husband and I feel that the price we are asking is too high and we would like to lower the price by 10 to 12,000 dollars. My sister is resisting this measure and won't agree to a price change. Since my husband is financial power of attorney can he lower the price without my sister's consent? Is he the final word on what happens with her finances as far as the property is concerned?
1 Answer from Attorneys
Your husband controls decisions for your mother, not your sister. He either has to get her on board or file legal proceedings to compel a sale. Probably a suit for partition.