Legal Question in Real Estate Law in Pennsylvania
Am I entitled to any monies in the sale of house
My father died a year ago and left no will. My mother is in a nursing home for the last two years. I am the only daughter and lived and took care of them both before my father past away and my mother going to the nursing home. I have power of attorney and would like to sell the house. Would i have some claim to compensation when i sell the house.
1 Answer from Attorneys
Re: Am I entitled to any monies in the sale of house
[This answer assumes that the property and your parents were and are in PA]
You would first have to administer the estate of your father, unless the house was titled in your parents as tenants by the entirety [if the deed to them showed their names as "John Doe and Mary Doe, h/w", for example, or as joint tenants with right of survivorship. If the latter is the case, your mother would have automatically become the sole owner.
For so long as your mother remains alive, you may act on her behalf under the Power of Attorney, if it is a Durable Power of Attorney and was granted by her to you while she had mental capacity to do so.
If the Power of Attorney provides for you to receive any compensation for acts you take under the Power, it may be possible for you to claim compensation for your efforts in selling the house.
Otherwise, you may only receive compensation for selling a home if your are a licensed Realtor or an agent working with a Realtor.
You should also first check with an Elder Lawyer in PA to make sure that selling the house won't jeopardize any benefits or entitlements that your mother is receiving, for example, Medicaid payments to the nursing home, Medicaid medical assistance, etc. I am not an Elder Lawyer and cannot advise in this respect.