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Can power of attorney sell mum's house & invest when she is in a home & there are other sibs who dont agree?


I have a 1/5 share of the estate in the will.. Can they sell the house with mum still alive? Can they invest the total proceeds including the shares of other siblings who don't like whats going on?

If it is a general power of attorney, it likely contains the authority to sell real estate. The agent under the power of attorney is under a duty to pay the mother's nursing home bills, and the house is a financial asset.

If the mother owns the house in fee simple in her name alone, yes, the house can be sold. The agent under the power of attorney will continue to pay nursing home bills until the mother's financial assets are exhausted and she must go on Medicaid to pay the nursing home. The children who would have inherited the house are out of luck.

It really does depend on the specific terms of the Power of Attorney and what it authorises.Any answer to this would need reference to the specific wording of the document.Rather than post the documment on here (if you have a copy) you might be better off taking it to a family law solicitor for an opinion on where you stand.Many will give a free 30 minute interview and should be able to advise you in that time.Good luck.

No with the person still alive then they dont have control over selling the house, and with more people aginst it than for then majority rules, unless its taken to court...

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