Buying or Selling a Home/PROPERTY

Advertisement


Question
Hi
I live in Canada but I have a question for you.  Years back my mother had her property put in my name and my sisters.  My sister wants to sell the house this summer.  Do both of us need to sign when it is sold and is the proceed cheque in both names?  Also she has power of attorney is it advisable to get a lawyer when my mother passes away.  I know alot about my mother's finances more than what my sister thinks I know. I would like to take a look at the will but she is very relcutant to show me.  I suggested getting a lawyer but she said what for Mum's will has everything outlined in it and I can do it myself. Myself I would feel more comfortable with a lawyer.    
Beve

Answer

Ms Watts--

Real Estate Law and Policies/Procedurs differ from State -to-State in the USA--and I must assume that Canada has it's own legal system's handling of matters related to Real Estate that is unique to the nation and perhaps to the different provinces.

Here in the United States, if your Mom's former property was transfered legally and recorded to you and your sister as a "couple" with equal ownership rights, you would both have to agree to sell, sign when it's sold and the Closer would make out the check to you AND your sister!There are some excetions to that, but such variances should have been "on paper" and explined to bth of you by the Closer!

As to your Sister having your Mom's Power of Attorney NOW before here passing,you have only your trust of her to ensure you that she will NOT do anything before your Mom's passing that has a negative affect on YOUR inheritance!

Frankly,her suggestion that you DON'T need an Attorney to review your rights as a "partial owner" of Mom's former house AND how she's handling the money in Mom's estate, "waves a red flag to me!" I woud hire a Lawyer now, and let him/her give you a proper legal opinion, advice and counsel on these matters.

I'm sure your Sister is trustworthy, but.....as you yourself just said, "Myself I would feel more comfortable with a Lawyer!"

--Jim  

Buying or Selling a Home

All Answers


Answers by Expert:


Ask Experts

Volunteer


Jim Root

Expertise

How to select the right Real Estate Salesperson & Loan Officer--ones who will serve your best interests! House-hunting tips & suggestions on selection of the home best for your family needs. Introduction to the Home Buying Process & all the "Players" involved.What is of utmost important to the Homebuyer? Real Estate Contracts & Negotiations, Appraisal needs, Title Co. involvement, Home Inspection issues& the Closing/Escrow systems, etc. Whatever your question, the answer will follow, whether from personal knowledge or research! Gale, shown here with me, has been a Real Estate Office Administrator, licensed Realtor & has served as my Research Assistant over the years!

Experience

Over 30 years as a "Real Estate Professional." including Real Estate Marketing & Sales, Appraisal work, Mortgage Banking & as a Realty Officer with U.S Dept. of HUD's FHA Homeownership Division in Alaska, Washington & Idaho! Some experience in Montana, California, Utah & Nevada markets!Knowledge of National Markets by continuous Research!

Organizations
Former member of Nat'l Ass'n of Realtors (NAR) & Mortgage Bankers Ass'n of America (MBAA). Currently with National Association of Review Appraisers & Mortgage Underwriters (NARA/MU).

Publications
Published in various local, state, regional & national Real Estate-related magazines & newsletters!Co-author of various Govt. publications on Homeownership, Appraisals & Mortgages while with HUD/FHA.

Education/Credentials
Associate Degree in Real Estate Studies plus: Numerous Real Estate-related Courses conducted by the U. S. Government & Private Industry over the past 30 years. Bachelors Degree in Mass Communications, Masters Degree in Education/Teaching

Awards and Honors
Professional Designations: Certified Residential Originator (CRO) from MBAA, Registered Mortgage Underwiter (RMU) & Certified Review Appraiser (CRA) from NARA/MU. Outstanding Peformance Awards for 10 of the 12 years with HUD/FHA & numerous Sales/Listing Awards while a licensed Real Estate Agent.

Past/Present Clients
No longer selling/listing Real Estate, nor Appraising properties, nor working in the Mortgage business, this "Real Estate Pro" serves as Director of a Company that provides Professional Development Seminars & Workshops to the "Real Estate Industry" and provides free (as needed) & fee-paid (on a sliding scale) consulting & inspection services to members of the general public.Your questions will be answered without "salesmanship" & with your best interests in mind!

©2012 About.com, a part of The New York Times Company. All rights reserved.