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Selling Sacramento Homes For Incapacitated Sellers

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Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006
Home_Seller_has_dementia.jpg

 

Anybody can take title to a home when buying. Rick and Morty could take title to a home. It's the home selling that can get people into hot water. You've got to be a real entity and you've got to have your wits about you to sell a home in Sacramento. Sellers who are incapacitated are not legally able to sign a grant deed. In fact, I was looking at my husband yesterday and thinking, yes, we need to put our homes into a Living Trust, and why haven't we done that?? Heh, heh, JK, about my husband.

It's a good idea for anybody with assets. You never know what can happen. You could get hit by a bus, cracked in two and lie in a coma for years.

Some people think you can sign with a power of attorney, but you can't be an attorney-in-fact in all situations. There are other options. You can read more in my personal blog today at this link: Selling a Home When the Seller Has Dementia.

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Weintraub and Wallace Realtors

 

 

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

It certainly makes sense to be prepared legally as you just never know what might happen and when.

Jun 11, 2017 03:19 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Elizabeth- such a feature worthy post. This is the kind of information that, as you said, you wish you didn't know and yet we need to know, whether you're an agent or anyone of us who may have to face that one day. 

Jun 11, 2017 04:18 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Pat Starnes Not only should we have this conversation with our parents, we need to have this conversation with ourselves! :)

Jun 11, 2017 05:32 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Mike Cooper When my mother developed early signs of expressive aphasia, she told no one and sold her house. At the very end, she came up with an excuse as to why she couldn't be at the closing, gave me her POA and asked me to go.

Jun 11, 2017 05:35 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Fred Griffin So did you end up having to wait a few months for the court to appoint a guardian?

Jun 11, 2017 05:35 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents 

   The Title Attorney did something to give the wife authority to sign for the husband.  It wasn't a POA; it must have been a guardian appointment.  

Jun 11, 2017 05:52 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

This is a good topic to cover in a blog, Elizabeth.  Years ago, I listed a home of a bi-polar Vietnam vet, and his ex-wife.  He seemed ok when I took the listing. He was going through a divorce, and there was a court order to sell the home and divide the proceeds.  About 2 weeks into it, the poor guy became delusional, and was hospitalized in the psyche ward at Sutter hospital.  And, because the gods were colluding, a great offer came in simultaneously.  Right away I had concerns about traveling up to the seventh floor psyche ward at Sutter to get signatures.  There was that little thing about being capable of contracting rumbling around in my head.  I called his attorney, and this is what he said, "Myrl, it isn't your decision to decide whether Larry is capable of contracting.  That takes a court of law.  There is a court order to sell the house.  Larry wants it sold, and his ex-wife wants it sold, so sell the damn house."  Needless to say, I abided by his advice, and we closed.  

Jun 11, 2017 08:43 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

CONGRATULATIONS Elizabeth, on having this blog FEATURED in the Old Farts Club group!    

Jun 11, 2017 08:44 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

There is definitely a need to plan for "what ifs" properly. It would stink to be in a situation where you just cannot sell a house when it's really necessary to do so.

Jun 12, 2017 02:58 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Elizabeth... a difficult, yet important topic to address. Fortunately, in 25 years I've only ever had to deal with this issue once, but all the legal paperwork was in place with my client's brother to take care of things for his sister.

Jun 12, 2017 04:09 AM
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Great post, Elizabeth. I was just talking to my mother-in-law about this last week. It's a difficult subject to bring up but it should be done to protect the individual and their property.

Jun 12, 2017 05:33 AM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Good morning Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents, this is a great topic, one we should all take action on while we're able to. In life, anything can happen.

Jun 12, 2017 05:38 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Myrl Jeffcoat I would have asked that lawyer to be present when the seller signed, if I had been in your shoes, Myrl. I prefer to manage risk. It's kind of hard to say, "But your honor, I had no idea the seller was incapable" when he's committed to a psyche ward because his family deemed him delusional, LOL. Although it makes for a good story.

It's not that you are "making the decision," it's that you possess solid knowledge, which you failed to disclose to the other side. We real estate licensees are not mere messengers.

Jun 12, 2017 07:38 AM
Myrl Jeffcoat

Actually, the attorney gave me a copy of the court order to sell the house!  

Jun 12, 2017 08:55 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Nina Hollander I seem to be working more and more with seniors, family trusts and powers of attorney, for some unknown reason.

Jun 12, 2017 07:41 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents - We definitely need to educate ourselves in these types of sales. I've had to deal with trusts twice this year. One looked like it was headed to court but there was a circumstance that made it not need to. The latest one looks like clear sailing when it goes into escrow.

Jun 12, 2017 08:51 AM
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Thank you for pointing this out Elizabeth. An important concern in my market, and a regular occurrence. You have to know your probate, trust and power-of-attorney rules.

Jun 12, 2017 11:00 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good evening Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents ,

I have one right now where the husband passed away leaving no will. Now we have previous children from another marriage weighing in for their share..what a mess!

Jun 12, 2017 02:56 PM
Laura Filip
Laura Filip Broker , Opening doors for All Seasons of Life - Whitesboro, TX
What can we do for you today?

Thank you for sharing , great topic and feature worthy indeed. So much to think about concerning this. Getting legal advice is important reach out and ask questions is the best way to go. Have a blessed night. 

Jun 12, 2017 05:48 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Elizabeth... I seem to go through stages... lots of first time buyers, then lots of "seniors" and this year it's a ton of relatively young families. No rhyme or reason, but I take them any way that I can so long as I like working with them.

Jun 13, 2017 03:18 AM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I am currently working with a client from another state with the same issues Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents. This does keep you on your toes... 

Jun 14, 2017 07:10 AM
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Broker-Associate at RE/MAX Gold, Midtown and Sierra Oaks Sacramento office. Co-partner Weintraub & Wallace Realtors. Selling since 1974. Homebuying expert at The Balance. Weintraub & Wallace sells homes from Galt to Lincoln.
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Author Bio: Elizabeth Weintraub is a Sacramento real estate broker, author, home buying expert for The Balance, a Land Park resident, who specializes not only in older, classic homes in Land Park, Curtis Park, Midtown and East Sacramento but sells extensively from Elk Grove to Lincoln. Weintraub is prominently known as the #1 Sacramento Short Sale agent throughout the Sacramento four-county area. Call Elizabeth Weintraub at 916.233.6759. Put 40+ years of real estate experience to work for you.

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