Selling house after spouse dies

mom died house is in both their(dad) names, Dad has dementia i am his durable power of attorney. can I sell the house with moms death certificate and I sign on his behalf at closing ( florida) (pasco county)

Asked over 8 years ago in Hudson, Florida
Categories: Real Estate  Wills, Estates, Trusts

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Lesly C Longa

Answer by Lesly C Longa

VerifiedFlorida lawyer

I imagine this was your parents' principal residence that they owned as husband & wife (purchased after their marriage), so any interest your mother had in the property automatically passed to your father at her death.  The short answer is that it depends on the power of attorney (POA), so I cannot tell you for sure without seeing it.  If the POA authorized the sale of the home, and also contains special wording allowing for its use after his incapacity, then yes you will have the power to sell your father's home.  Here is a consumer pamphlet that will answer most of your questions:
If you need additional assistance, I am a real estate and probate attorney in the area, and I can be reached at the 800-673-7905. Hope this information helps.
Best regards,
Lesly C. Longa, Florida Lawyer

Posted over 8 years ago

Lesly C. Longa Esq. Longa Law Firm P.A. Fighting the Good Fight for Floridians 1-800-673-7905

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Lesly C Longa, or search the Lawyer Directory.

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