Legal Question in Real Estate Law in Virginia
More than five years ago, my mother deeded her real estate to my brother and me with lifetime rights in the house for her. Since then, we placed her in an assisted living facility because of dementia. We now need to sell her house to pay for her care at the facility. Can we legally do this in VA? I have become her power of attorney.
Asked on 9/03/12, 5:04 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
If you have a valid durable power of attorney, you can sell her interest on her behalf. You personally and your brother will have to join in the sale in order to convey clear title unless the deed reserved to her the power to sell out from under the remainder interests (your interests after her life estate).
Answered on 9/04/12, 6:53 am
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