Hi, my mom and dad passed away a few years ago and their house was sold recently. What percentage will the lawyer get out of the inheritance from the sale of the home?
In all honesty my mother have past away, on Monday and have just found the house for sale this morning. How is thatnpossible no one else in the family knows about it.
In all honesty my mother have past away, on Monday and have just found the house for sale this morning. How is thatnpossible no one else in the family knows about it.
Most states require that a Power of Attorney be recorded in the same place that deeds are recorded, in the County were the land is, to document the authority to sell. The question of whether you should or not is a valid, and depends of course on the particular circumstances. With reference to the post of pamzimmrrt, Medicaid recovery will not be an issue as long as the proceeds are used to purchase care or items for the needs of the former home-owner. Medicaid will, on the other hand, in most cases require the repayment of benefits that were properly paid out because the house was a non-countable resource during the elder's lifetime.
08/24/16.... Riogrande67, it all depends on how the Power of Attorney was written. Title companies require that the Power of Attorney document has certain wording regarding that allows the POA to sell a home. They might ask that you use their own POA form..... I had this happen to me once.
It shouldn't be true, there's no reason to revisit a POA if the donor is happy with it; though I suppose it's possible that your state regulators have introduced a requirement for POAs to be reviewed periodically, is it? Only one way to find out: ring round and ask.
Can a DPOA expire for any reason aside from the death of the grantor? I have a mother in law in a care facility in Albuquerque. There is a need to sell her house to afford the care she needs. I am now being told that the 19 year old document (POA) may not be accepted by the title company because it is too old? IS THIS TRUE??
My mother has 4 rental properties and lives on the meager income and social security. Mother is not capable of deciding what is best for her but we don't have any doctor's statement or diagnosis. She is 91 years old. My sister and I agree that we should sell a house in order to allow mom to get her hair done once a week, attend Adult Day Care while I am at work, go out to eat, and enjoy life while she still can. She cannot take the money with her. She will not be eligible for Medicaid. I don't believe she will out life her savings. I have DPOA. I am trying to figure out what is best for her and how to go about it. I wonder if I should sell a property.
Lmruble, if you gift the equity from the house to relatives, Medicaid will STOP paying the nursing home for your mother's care. Then either the relatives would have to foot the bill or your Mom would be asked to leave... then someone from the family would need to take care of Mom in their own home. Later down the road, your Mom could re-apply for Medicaid.
Don't forget, Medicaid is funded by the taxpayers, and it isn't fair for the taxpayers to pay for your Mom's care while relatives are receiving money from the sale of the house.
Well you can.. but should you?? They will have to pay it back under medi recovery in most cases....Or you all will be paying the bills. Sounds bad to me..
I have dpoa my mom is in the nursing home she gets medicade and medicare if i sell her house can i give the money as gifts to her children shes been in the nursing home less than six weeks
Webster, Power of Attorney is not "got" by one person "over" another. It is GIVEN by a person who is of sound mind and full mental capacity TO another whom he trusts completely so that, should he later lose capacity, that trusted person will be able to manage his affairs on his behalf.
If your father's dementia has already progressed to the point where he cannot make everyday decisions for himself, he cannot legally create a new power of attorney for your mother.
So to answer your question directly, yes he would need to be present. And in the usual process, not only would he need to be present, but his signature would be witnessed by an independent person who would have to be satisfied that your father knew what he was doing.
Is that going to work for him? If not, there are other systems that will enable your mother to manage his affairs - search for answers about managing money when you can't get POA.
I don't know anything about Australian property law, but it isn't obvious that living in one state should prevent a person from selling a property in another; so that shouldn't be a problem. Check online what regulations apply.
Selling your mother's house for her should, similarly, be fine if you have power of attorney for your mother, or even if she gives formal permission for this to be done; but again check with your local regulatory authorities.
If you are able to go ahead and sell on her behalf, make sure the money goes into her own, dedicated bank account - it saves a lot of bookkeeping headaches if everything is kept separate. Best of luck, please update.
Pennylane, are you asking if you can use your parent's money to purchase a home for yourself? No, that would be abuse of power, in my non-legal opinion. Read up on the duties of the job. They are spelled out on the form you and your parent signed.
Can someone who have power of attorney obtain property for them selves if they are willing to take over the sole care of a parent when there are other siblings.
In most situations, money for these items belongs to your mother. If your sister sold the items she needs to deposit the money into you mom's account. Medicaid could ask for receipts if/when your mom goes on the program. Much depends on if you want to confront your sister or not.
My mother is in a nursing home. I just found out my sister POA is selling it. Pictures from the realtor show many items missing from inside the house. Furniture appliances etc. I was told they were sold. Does my sister have the right to sell these items?
Greenbay, I think it all depends on where you live, and what specifically you're trying to do. Some institutions and transactions will be challenging, and others are perfectly smooth. There's not a lot of rhyme or reason, sorry to say! I live in California, and just to have backup, I obtained one signed letter from my mother's primary physician. I was told by her bank that it would be helpful. It turned out that it wasn't as much help as I'd hoped, but I ended up being able to have a bit more authority over her accounts than before. The bank, and other institutions that I've had to deal with, have yet to request any official legal declaration of her incapacity. My POA seems to be fine most of the time. Our situation hasn't required the court's involvement yet, thank goodness. But yes, I think you would need a letter from at least 1 doctor if you're trying to obtain guardianship and/or conservatorship.
I have Power of Attorney for my mom. I understand that I need to have one or two doctors certify that mom is incapacitated before it takes effect. Once I have this certification from the doctor(s), do I need to take this certification to court?
We are in California and the land is in Louisiana. I told the Louisiana attorney who drew up the paperwork that I have POA to sign for her and I also told him that the notary and the 2 witnesses would all see that she wouldn't have a clue what she was signing and with that I thought notary is bound to stop the process and not continue with the notarizing.
My mom has dementia and we need to sell her land in order to have monies to have someone come to my home to take care of her or to place my mom in an assisted living facility. We are in California and my mom's land is in Louisiana. The land is in her Trust. I have power of attorney over my mom. Am I able to have the documents signed here in California as her Power of Attorney?
Don't forget, Medicaid is funded by the taxpayers, and it isn't fair for the taxpayers to pay for your Mom's care while relatives are receiving money from the sale of the house.
Webster, Power of Attorney is not "got" by one person "over" another. It is GIVEN by a person who is of sound mind and full mental capacity TO another whom he trusts completely so that, should he later lose capacity, that trusted person will be able to manage his affairs on his behalf.
If your father's dementia has already progressed to the point where he cannot make everyday decisions for himself, he cannot legally create a new power of attorney for your mother.
So to answer your question directly, yes he would need to be present. And in the usual process, not only would he need to be present, but his signature would be witnessed by an independent person who would have to be satisfied that your father knew what he was doing.
Is that going to work for him? If not, there are other systems that will enable your mother to manage his affairs - search for answers about managing money when you can't get POA.
I don't know anything about Australian property law, but it isn't obvious that living in one state should prevent a person from selling a property in another; so that shouldn't be a problem. Check online what regulations apply.
Selling your mother's house for her should, similarly, be fine if you have power of attorney for your mother, or even if she gives formal permission for this to be done; but again check with your local regulatory authorities.
If you are able to go ahead and sell on her behalf, make sure the money goes into her own, dedicated bank account - it saves a lot of bookkeeping headaches if everything is kept separate. Best of luck, please update.
Good luck,
Carol
I live in California, and just to have backup, I obtained one signed letter from my mother's primary physician. I was told by her bank that it would be helpful. It turned out that it wasn't as much help as I'd hoped, but I ended up being able to have a bit more authority over her accounts than before. The bank, and other institutions that I've had to deal with, have yet to request any official legal declaration of her incapacity. My POA seems to be fine most of the time.
Our situation hasn't required the court's involvement yet, thank goodness. But yes, I think you would need a letter from at least 1 doctor if you're trying to obtain guardianship and/or conservatorship.