Siblings disagree over selling parent's house

5 answers | Last updated: Apr 30, 2018
A fellow caregiver asked...

Do I have any rights as a sibling? My sister has power of attorney and wants to sell my mom's house in New York. Mom's still alive in a nursing home & not deemed incompetent..


Expert Answers

Barbara Steinberg is the CEO and founder of BLS Eldercare Financial Solutions, which specializes in helping families pay for long-term care for their loved ones. A registered financial gerontologist, she speaks regularly on the topic of paying for long-term care and is a financial expert for Caring.com.

Since your sister has power of attorney, she can make financial decisions on your mom’s behalf. To sell your mom's house, the power of attorney document your mother signed needs to be all-encompassing, or it should specifically state that your sister has the power to sell your mother's real estate assets.

If you can't convince your mother to revoke the power of attorney, the only way to challenge your sister's authority is to go to court and petition to be your mother's guardian or conservator. This is a time consuming and expensive process. You would also have to demonstrate that your sister is not acting in the capacity to which she was appointed.


Community Answers

Dagaro answered...

If your sister has poa, is she paying bills for your mother?. If your mother is in a nursing home perhaps they are requiring more money than your mother has and therefore your sister may need to sell the home


Zippy do da answered...

You need to find out what type of POA your sister has there are 2 types of POA. The Durable POA which gives the person the right to sell property (complete authority to all financial issue). I can't remember what the other one is call. You also need to ask your sister if the up keep of the house is getting to be a financial burden. This might be the case.


A fellow caregiver answered...

My grandmother sisters' wants to sell there mother land (in Puerto Rico), but 5 of her sibling do not want to sell (3 of them do). There is no "Will" signed and 1 sister has resided in the property since she was born (now in her 50's). Can they forces a sell? If there is no "Will" and no executor appointed who is left in charge (the oldest child living?).


Geo2015 answered...

As usual, Miss Steinberg is correct... your sister has power of attorney, and so your options are limited. She can, as Miss Steinberg says, make all or most financial decisions for your mother (however you might get lucky -- Zippy here is also right, it may not be the POA that gives her that power over selling property... Check on it!) And that is too bad. You know what a home, condo or coop in New York City goes for these days? It would be great for you both to hold on to it as an investment -- until it's worth $2 Mil or whatever, in 7 to 10 yrs perhaps... and until then rent it out to pay the note every month, unless it's already free & clear... and at NYC rental prices, a rental will also most likely pay most or all of your NY real estate tax hit every year...

Anyway, in this case if it were not for your sister's attitude, it might really be worth holding on to that property, unless it's a dive -- but I'll bet it isn't. And also, you can tell her that selling a NYC property may not receive enough cash right now to make it really worthwhile, splitting it in two like that, plus an immediate NY tax hit, closing fees; legal; possibly a 6% realtor or broker fee... etc. Most middle class heirs sell their inherited home... but it may be a different story for you. On the other hand, your sister doesn't look like she will sell. So it's a moot issue.

On the other hand, if you do sell, and it looks like she will insist on selling -- you can probably get an advance on inheritance, you can borrow against inheritance, against the property... and talk to some inheritance loan companies, companies that loan on inheritance, for fast inheritance money... probate cash from a probate loan or estate loan, and have a good chunk of probate cash to work with.

Anyway, not to bore you to death here... way before probate ends and you can get the proceeds from that house sale, most heirs have probably already gotten approved and are in much better shape from an inheritance cash advance or inheritance advance, or inheritance loans cash-assignment, by one of those inheritance loans companies, or inheritance advance companies, for a probate advance, or a probate loan or estate loan, plus get inheritance advance rates and inheritance loan fees to get the best probate loan or inheritance cash advance terms – in other words one of the better priced probate loans, 72 hour loans on inheritance, or even 48 hour inheritance loan advances or probate cash advance funds on a trust, or whatever large inheritance advance or small advance inheritance or probate loan, estate loan or inheritance advance assignment they eventually get approved for by their inheritance loan, probate cash advance or probate loan company, generally an established, well known boutique probate loans company like www.heiradvance.com, or www.inheritanceadvance.com, or maybe www.inheritancenow.com. Fast probate cash or inheritance money, solid inheritance cash like this from loans while waiting for an inheritance, loans against an inheritance, loans based on inheritance, or inheritance loan advances seem to help these heirs feel better globally, right away. Inheritance money, in this case from a house sale, might not create a magical million dollar inheritance for theses heirs... but it certainly will make things feel easier, more safe, and more secure across the board. Which is definitely a life improvement... wouldn't you agree? Positivity holds sway over negativity any time in my book... house sale or no house sale.