Lima, OH asked in Estate Planning and Real Estate Law for Ohio

Q: My brother and I who are both veterans are getting ready to buy a home together... i have been his caregiver for over 40

years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?

3 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.

Aaron Epling agrees with this answer

Aaron Epling
Aaron Epling
Answered
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Yes! She can sell his interest in the house. That's what a POA is for. I suggest getting a new POA that specifically revokes the prior POA and recording it in the county in which the house sits. This will show up in a title search if the sister later tries to use her POA to sell the house.

Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You and your brother each should consult with an estate planning attorney. Jointly owning property has potential unforeseen problems. At a minimum, you should have a co-ownership agreement regarding the property, who pays what, etc. There also are Medicaid issues, and perhaps VA issues. Use the Find a Lawyer tab to retain a local estate planning attorney who specializes in elder law to review the situation, answer questions, discuss alternatives, and advise you of your options. Your brother should also do that. You each need your own attorney to advise each of you of your respective best interests.

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