Legal Question in Wills and Trusts in Ohio
selling a house
I am the applicant to my father's estate and have power of attorney for my mother in a nursing home. How should I proceed in selling her house?
Asked on 2/23/07, 1:38 pm
1 Answer from Attorneys
Robert Rosplock
Rosplock & Perez
Re: selling a house
The answer depends on how the house is titled. If it is with survivorship, you need to transfer your father's interest to your mother by affidavit, then sell with your power of attorney. If not, you can sell your dad's half after you are appointed executor of his estate, along with your mom's half as power of Attorney. if this is a release of assets, you will tramsfer your dad's interest to your mom in probate, then sell in her name.
I suggest you at least discuss this with an attorney, who will need to see the existing deed and your dad's will.
Answered on 2/23/07, 1:55 pm