Legal Question in Real Estate Law in New Jersey

Re: Selling a parent's home.

If the power of attorney is a durable power of attorney with your mother's signature acknowledged, then the power of attorney may be recorded with the County Clerk's Office and the transference of the Deed may then be effected by use of the power of attorney. You may wish to consult with an attorney as to how best to accomplish this.

Re: Selling a parent's home.

If the power of attorney given by your parent to your husband authorizes acts including sale of real property, he should be able to list and sell the house without any other special actions. The proceeds would be part of the parent's assets, and can probably be dealt with under the same power of attorney.

If there are other children or heirs at law of the parent, you may want them to sign a consent to the sale, just so there is no later claim by any of them that your husband did something he was not authorized to do.

You may want an attorney to review any agreement among children/heirs, your listing agreement to sell the house, and the contract, when someone offers to buy, to be sure that your husband, as agent, is not undertaking any personal liability and that disclosures made by him are appropriate.

Re: Selling a parent's home.

It is very important to see what the power of attorney allows your husband to do. I suggest the you consult a lawyer and have them review the poewer of attorney to make sure there are no complications after a sale.

If you are in North Jersey, I will be happy to assist you. My phone number is 201-646-9600.

Savy Grant

Attorney at Law

PS I would also research for a reputable real agent to list the property, so there are no further complications. If the property is in Northern NJ, I would be very happy to give you some names that I have had great experience with.