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Real Estate law pertaining to jointly deeded property and disability of one of the owners

My name is Joe Coscarelly, I live in Marshall, MI USA. I am considering buying a foreclosure property to fix up and sell ("flip") with a friend. He is 77 years old and has a lot of construction skills to help me fix up the house. We are going to get a joint deed (Joint Tenancy With Full Rights of Survivorship). I just wondered what would happen if one of us became mentally disabled long-term. Would the other one on the deed have the right to sell the home in such a situation without the disabled parties consent? I talked to a local lawyer where I live and he suggested a Durable Power of Attorney but my friend is resisting this, saying it is an unnecessary expense. Just wondered if you could shed any light on this. Thank you. - Joe Coscarelly joecos@cablespeed.com

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Attorney answers (1)

Reputation Level 14
You could always petition the court for a conservatorship over the disabled partner and ask the court permission to sell, then their half would be protected and conserved until their recovery or death, which would then belong to their estate. Good luck. www.kliszlaw.com Tim Klisz

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