Can I sell my mother’s house since it has been signed to me over three years ago? 29 Answers as of September 14, 2012

She is now living in an assisted living and no one is living in her house. She will not be moving back. She does not need the money from the sale of the house to pay for the assisted living facility. I am her only child so there are no other siblings. My father is deceased. She gave the house to me. There is no need in letting it sit empty and I would like to sell it. I also have her power of attorney.

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Hamblin Law Office | Sally Hamblin
If only your name appears on the deed, you have a right to sell it. If your mothers name also appears on the deed, you need her permission if she is deemed competent to give it.
Answer Applies to: Michigan
Replied: 9/14/2012
The Law Office of Eric J Smith
The Law Office of Eric J Smith | Eric Smith
If the house is already titled exclusively in your name, it is your property to do with what you wish.
Answer Applies to: Texas
Replied: 9/11/2012
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
If your mother transferred title to the house to you meaning she signed a deed and that deed was recorded then you have the power to sell the house. If all your mother signed was the power of attorney, then you need to review the power to see what rights you have. You can sell the house, but the sales proceeds would still belong to your mother, and not to you. I recommend seeing a lawyer for a one-hour consultation to review the documents that you have, and to determine for certain what your rights are. There is too much at stake here for you to rely on information over a public website like this. The lawyer may also have suggestions as to estate planning that should be done for your mother, to simplify the transfer of your mother's remaining assets after she passes away. You should NOT rely on what I say here as a legal opinion regarding your rights. For that opinion, you should meet with a lawyer in person.
Answer Applies to: California
Replied: 9/11/2012
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
What exactly do you mean when you state "it has been signed to me over three years ago"? Did she execute a quit claim deed? Was a 100% interest conveyed to you? Was the deed recorded? Who is paying for the assisted living facility? Further information is required to answer your question.
Answer Applies to: California
Replied: 9/11/2012
Edward L. Armstrong, P.C. | Edward L. Armstrong
If your name is on the title then you own it. If she is also on the title as a joint owner you need to be careful.
Answer Applies to: Missouri
Replied: 9/11/2012
    Richard E. Damon, PC | Richard E. Damon
    If she made you the owner of the house, and there is no written agreement providing that you cannot sell the house until the happening of some future event, then you may sell the house.
    Answer Applies to: California
    Replied: 9/11/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am not sure what you mean by "signed" to you. If your mother has signed a quit claim deed or other instrument giving you title to the home, it is yours to do with what you wish. Also, as your mother's power of attorney, you have the ability to conduct business on her behalf, which included real estate transactions. If you are unsure about your rights and options, I would suggest you contact an estate attorney in your area and seek a consultation. ibited.
    Answer Applies to: Arizona
    Replied: 9/11/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If she gave you a deed, then it's not your mother's house, it's your house, you can sell it if you want. If you're wrong about her not needing the money for her care, and she has to apply for Medicaid in the next three years, then you will need to pay for her care personally up to the amount you get for the house. Also, her personal property in the house will have to be stored, unless she wants to give it away.
    Answer Applies to: Oregon
    Replied: 9/11/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you own the house in fee simple (all by yourself with no other claims upon it and you have a valid deed transferring the house to you), you can do as you wish. However, if another person or entity has some claim on it, you may need to get their permission to sell. And if your mother is on certain government programs, check to make sure that the selling the house won't change her eligibility.
    Answer Applies to: Nebraska
    Replied: 9/11/2012
    Law Offices of Frances Headley | Frances Headley
    If title to the property has been transferred to you, then you can do anything you want with the property. If not, then you should consult an estate planning/probate attorney to determine what is necessary to to sell the property.
    Answer Applies to: California
    Replied: 9/11/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    Yes. Even if the deed was properly prepared and executed but never recorded for estate planning purposes less than five years ago, first, she may object and the outcome is uncertain. Second, if she is receiving Medicaid for the expense of assisted living away from the home, there may be Medicaid-related problems.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would like to see how she "signed it over" but, from the information your provided, it would appear your can sell it.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes, you can sell it if it is in your name on the Deed. However, if your mother does not have substantial other assets, the gift to you three years ago may have very adverse effects. If she was financially insolvent when she made the gift, and she has any creditors who remain unpaid, they may be able to make claims against the house or the proceeds from the sale. If she currently or in the near future makes a claim for government payments for her nursing home care, the gift to you may disqualify her from the benefits for a time. I suggest you take the whole situation to an attorney familiar with these rules before you sell the house.
    Answer Applies to: Oregon
    Replied: 9/11/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    If the property is in your name only, then you may sell the property as your mother does not need the proceeds from the sale to live in the assisted living facility.
    Answer Applies to: Missouri
    Replied: 9/11/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, you can sell the property. If she signed a deed to you, you can sell it in your own name. If the house remains in her name, you can sell it in your capacity as "Power of Attorney".
    Answer Applies to: Minnesota
    Replied: 9/11/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes you can sell it just have her sign the documents to be on the safe side.
    Answer Applies to: Nevada
    Replied: 9/11/2012
    Danville Law Group | Scott Jordan
    From what you have written, yes it would seem you can sell it. However, you should first consult with an attorney to make sure title is clear to sell and a cpa regarding any tax ramifications.
    Answer Applies to: California
    Replied: 9/11/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    If your mother gifted the house to you (and it is now titled in your name through a quitclaim deed or some other form of deed), then you can do with it what you want. If it is not titled in your name, and you wish to sell it, the POA should specifically reference your authority to sell homestead property. You may want to seek the advice of an elder law attorney to discuss the ramifications of selling mom's property (if it has not already been gifted to you).
    Answer Applies to: Florida
    Replied: 9/11/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You can sell the house if it is deeded to you and is in your name. You should be aware for Medicaid purposes, under the current law, there is a 5 year look back period. Therefore, this would be a transfer and subject to the transfer penalty. So make sure that she has enough money to pay for her care for 5 years from the date of transfer.
    Answer Applies to: Alabama
    Replied: 9/11/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    If the house was transferred to you, then it is yours, and you may sell it.
    Answer Applies to: Maryland
    Replied: 9/11/2012
    Gates' Law, PLLC | Thomas E. Gates
    Did she assigned the home to you a Quit Claim Deed? If not, you would need to use the Power of Attorney to sell the home. There maybe tax issues you must address.
    Answer Applies to: Washington
    Replied: 9/11/2012
    Frederick & Frederick PLC | James P Frederick
    CAN you do this? Probably. SHOULD you do this? It depends on information not included in your summary. You potentially have a serious income tax issue because of the way that this was set up. Gifts come with a "carryover basis," attached to them. That means that your basis for income tax purposes is whatever your mother's basis in the property was. If she has been there a while, that is probably a pretty low figure. If you sell the property, the difference between the sales price and the basis will be a capital gain to you. It could be significant. The alternative, depending on how the deed was set up, is to wait until your mother passes away, at which point, you might be entitled to a "step up" in basis to the fair market value of the property, as of the date of death. That could make the difference between paying tens of thousands of dollars in income tax and paying nothing at all. You also have potential Medicaid issues if your mother runs out of funds in the next two years. Her transfer of the property to you would be considered divestment, under federal law. That would render her ineligible for benefits for a period of time. If you can get beyond these two issues, there would probably be no problem in accomplishing what you wish to do.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    If the house is owned by you, you may sell or rent and keep the proceeds. If the house is still in your Mother's name and you sell or lease it, the proceeds should go to her.
    Answer Applies to: Georgia
    Replied: 9/11/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If the deed to the house is in your name alone then you can sell it. The property belongs to you as if you had purchased it. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide client or other privilege.
    Answer Applies to: Georgia
    Replied: 9/11/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes you can sell the house; you will need to record the power of attorney, provided the power was notarized at the time of signing. Also, if your mother was or is receiving some type of Medical assistance from the state to pay for her assisted living, the property may be subject to a lien for her care, which could come to your attention when closing the escrow on sale of the residence.
    Answer Applies to: California
    Replied: 9/11/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    Absolutely, if the property has been deeded to you, you may do whatever you wish with it.
    Answer Applies to: Utah
    Replied: 9/11/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    It's not clear to me from your question if it is her house or yours at this point or maybe both of yours. There may be some tax and medicaid consequenses if the house is sold so I would recommend you speak to an attorney and present more facts.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, if your mother transferred title in the property to you (Is this what you mean by "sign over"?), then you may be able to do what you want with the property. If she retained an interest in the property, then the power of attorney may provide you with authority to sell. I would look at the deed and provisions in the power of attorney to help determine whether you can sell the house.
    Answer Applies to: Maryland
    Replied: 9/11/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    If you received a Deed to the house and it was recorded, you are the legal owner. You do not need someone's approval to rent or sell the house. If she "gave" you the house, your tax basis is your mom's tax basis (which may be the fair market value as of your dad's date of death if the house was community property). Once she gave you the house, it is no longer hers to use, rent, or sell, unless you were to give her some rights. All rights belong to you. Her power of attorney given to you is not necessary if you got and recorded a deed to the house and it is now in your name.
    Answer Applies to: California
    Replied: 9/11/2012
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