Legal Question in Real Estate Law in Maryland
Sale of Home
My mother deeded her house to me in 1999 with her having lifetime rights. Since then she has Alzheimer's and is not living in the house. She cannot live alone. She is not of sound mind to sign away lifetime rights. She had given me power of attorney at time she deeded house to me. Can I use power of attorney to sell house even though she has lifetime rights.
Asked on 4/03/09, 11:04 am
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Sale of Home
If the power of attorney that your mother signed in '99 was a durable power, and if it contained language broad enough to empower you to sell her life estate in the property, you should be able to do this.
Answered on 4/03/09, 4:04 pm