Wayne, NJ asked in Real Estate Law and Estate Planning for New Jersey

Q: I need to alter my moms property deed (Im her POA) as I need to sell her house and my deceased stepfather is still on it

My mom is unable to handle this type work, as she has certain dementia and going into a memory care unit to live. I need to sell her property as part of paying for her care prior to medicaid. The current deed indicates my mother and my step-father (now deceased) as the owners of the property. There does not seem to be any type indication as to "joint-owners", etc. I assume on my step-fathers passing, the property is completely owned my by mom.

1 Lawyer Answer
Anthony M. Avery
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Answered

A: Mother is probably the owner, but hire a NJ attorney to search the title. You might be able to sell her interests as her attorney in fact, but everything must be for her interests, not yours.

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