If the deed to my mother’s house was changed to my brother andI but she retained alife estate, can we sell the house to cover her nursing home expenses?

She is 97 and has to go into a nursing home. Can my brother and I sell the house with her permission?

Asked on November 9, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Is there a power of attorney that she gave to someone in effect? If so, does the power of attorney allow the sale of property that she has an interest in? If so, you can sell the home that she has a life estate in.

From a practical matter, if your mother gives you and your brother signed written permission in a document signed before a notary public, you and your brother can sell the home. Good luck.


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