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Does POA have right to sell property before Mom's death?

Mysister is POA, the will reads that the farm is to be sold after her passing. As the POA who cares for mom does she have the right to sell the property before she passess?
Status: Open    Sep 16, 2016 - 07:33 AM

Elder Law > Estate Planning

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Expert Answers

Sep 26, 2016 - 08:54 AM

The power of attorney probably has given her authority to sell the property – I’d check the document. She may not want to sell it prior to death if other funds are available to take care of Mom. There may be some tax consequences to a sale prior to death.


Sep 19, 2016 - 07:59 AM

If this is done with the attorney for mom and the funds are used to spend on her care then yes. You have to remember that all assets of the parent needing the care; still should be used for her care; and if funds are running out and selling property will lengthen her quality of care then selling is a valid option. Inheritance is after her death and is what ever is left over after she is gone. Selling her property to contunue care; is in your mothers best interest; it is her money and not the families money. It is your sisters legal obligation to make sure your mom is taken care of in the best way possible with what ever means your mom has available to her.
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