Legal Question in Real Estate Law in Maryland
Property
My mother moved to VA in 2002 to live with my sister because she was diagnosed with Alzheimers. At that time I moved in my mothers house. In 2003 my sister got POA for my mother which to me is illegal because of the Alzheimers. I just received a letter from my sister indicating that she has sold the property. Do I have any rights to the property? She sold the property to an outsider. Was she suppose to offer the proprty to the other sibblings first? Since the property has already been sold as of 3/6/06 to my knowledge is there anything I can do to stop the purchaser from evicting me from the property? Also even though my mother is still living she does have a will. In the will she has left this property to a grandson that she raised. Does he have any legal grounds to the property. What can I do immediately to stop the purchaser from evicting me so that I may seek legal counsel?
1 Answer from Attorneys
Re: Property
You've probably waited too long to prevent the purchaser from exercising his ownership rights. While it may be that the power of attorney procured by your sister from your mother was defective if she lacked sufficient mental capacity to exercise it, the purchaser would not have had any knowledge of this.
If the power of attorney was valid, your sister had no obligation to offer the property to any
family members before putting it up for sale.
At the same time, the proceeds of sale go to your mother and should only be used for her benefit. Any such proceeds remaining at her death would pass through her estate.
If you are concerned about the way your sister is handling your mother's affairs, you could file a petition to be appointed guardian of your mother's property in court. Presumably your sister would fight you on this, but if the court believes it's in your mother's best interests to have you in charge, you can gain control of the situation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
