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impatientone

Elder Law-Texas

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My mom is 76 and has recently been placed in a assisted living. Her husband (my stepfather) has moved out of the house they shared and is now living with his daughter. The property is in both names and he has decided to put the house on the market. He says the proceeeds will be split 50/50. 

My stepfather has primary POA and my sister is an alternate. Can my stepfather sell the house and sign any documents for him and my mom?Can my my mom get a new POA that replaces the one in effect now? Is there a way to ensure any proceeds are split as promised? I am afraid my stepfather and his daughter will try to do something backhanded. I want to make sure my mom is protected. 

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5 minutes ago, impatientone said:

He says the proceeeds will be split 50/50.

 

Why would a married couple who is selling their house "split" the proceeds?

 

 

5 minutes ago, impatientone said:

Can my stepfather sell the house and sign any documents for him and my mom?

 

No way to know without reading the POA to see what authority it confers.

 

 

6 minutes ago, impatientone said:

Can my my mom get a new POA that replaces the one in effect now?

 

Assuming your mother isn't mentally incompetent, she can revoke the existing POA and create all the new POAs she wants.

 

If you want to be in a position to second-guess or oversee what your stepfather is doing, you should immediately consult with a local attorney about obtaining a conservatorship (adult guardianship) over your mother.

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