Legal Question in Real Estate Law in Ohio
power of attorney
We live in California. The home we own and are trying to sell is in Ohio. My mother is handling the house in Ohio. How do I give her power of attorney to sign off on the house for us. I would like to know the specific form that I need to get so that everything is legally binding.
2 Answers from Attorneys
Re: power of attorney
It depends on how they handle things in Ohio. Are you using a real estate agent to help with the sale of the property? If so, they should be able to direct you to the escrow or title company who might be handling the sale. They may have their own form that they want signed in front of a notary.
Some states use attorneys, rather than escrow companies, in which case the attorney handling the sale will prepare the form.
Re: power of attorney
Use a limited power of attorney describing the house by it's complete legal description and then for good measure put down its street address. And give the powers described soemthing like - "So and So (mother's name) is authorized to sell the above described property; and to do any and all acts necessary to complete any and all matters involved in the sale or transaction to convey said property." If it isn't good enough they'll send you the form they want filled out. This is the era of over night delivery, faxes, and E-mails. Have the limited power of attorney notarized. If there is anyone else on title. They'll also need to add their notarized signature. This will start the ball rolling. It worked for me 30 years ago when I sold a house in Texas, and my father-in-law took care of the whole matter. I was aboard a U. S. Navy ship in the Gulf with a wife in North Carolina. It'll work for you.