Legal Question in Real Estate Law in Ohio

My parents' property is divided into 6 parts. My mother owns 50% with her part held in trust by her brother. The remaining 50% was divided equally between the children upon my father's death. There is a division among the children, with the oldest sister holding power of attorney for my mother's financial matters and the older brother holding power of attorney for my mother's medical matters.

My mother has been moved to an assisted living facility and my older sister has listed the property with a realtor. She told the realtor that she had power of attorney to sign the contract. She, my older brother, and younger sister are making all of the decisions and not revealing any information to my brother and I.

Does my sister have the right to list the property for sale on her signature alone? She does not have power of attorney for the property - only my mother's financial matters. Can the three siblings sell the property without the signatures of all 6 people listed on the deed? I did check at the courthouse and all of us are listed separately on the deed.


Asked on 7/07/11, 9:23 am

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

All owners have to agree to the sale of the land. I would contact the real estate agent and inform him or her of the situation and that not all of the property owners have consented to the listing.

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Answered on 7/07/11, 9:52 am


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