My father has been in assisted living for the past 5 months, he is 91 years old and has Alzheimers ,He is never going to be able to live in the home again...I am Power Of Attorney,and want to know how to go about selling the Condo....
Real Estate Attorney
You will be able to sell your father's house. The question is how complicated and expensive the procedure will be. The answer depends on the wording of the deed, the power of attorney, and the "LE release." You may be able to sell the house with no further action on your part or you may have to have a guardian appointed for your father's property and get court approval for the sale. Rather than seeking generic advice from an online forum, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Real Estate Attorney
I agree with the previous answer - but you also need someone to look at the documents. If the Power of Attorney is not a Durable Family Power of Attorney, it may now be invalid based upon your Father's condition - if it were to be deemed incompetent. Who else is involved as heirs and creditors of your Father may also have some impact on how you proceed.
This advice is not specific and is generic in nature and as such should not be relied upon unless given by an attorney you have specifically retained and who has all of the background information necessary to render an opinion to you.
Estate Planning Attorney
If the QC deed is valid you shouldn't have any difficulty selling the property. If not, and if yours is a Durable POA with the stipulation which allows you to transact real property conveyances, then you may sell the property as agent of your father. Understand that if the property does not sell before you father passes away, the listing will be void (as the DPOA will now be null and void) and the property will become part of the estate. Now, as to the LE release; is your father the 'measuring life' in the life estate? Who is the remainderman on the estate (i.e., who gets it when the measuring life dies?) If he is the measuring life and there are no other remaindermen than yourself, you need to record the release and then can sell the condo, or bring the release to the closing of the sale and have it recorded by the title company when they record the change of title. A real property attorney can review all the deeds, DPOAs, and releases to see where you stand and what you can legally do with the condo.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting.