What are our rights over my grandma’s property now that she is in a nursing home?
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What are our rights over my grandma’s property now that she is in a nursing home?
My grandma has 2 pieces of land that she has put mine and my mom’s names on to receive when she dies. My mom has guardianship of my grandma and the state has power of attorney over her finances since she is in a nursing home. Can we rent out one piece of the land or even sell it now even while she is alive?
Asked on October 19, 2018 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your mother has legal guardianship over your grandmother, you can sell or rent the property, but the proceeds MUST be applied for your grandmother's benefit (e.g. used to pay for her care, or for goods or services for her). A guardianship lets you act *for* another--not profit at their expense. It does not matter if you are to receive the property when she passes--she has not passed yet, so it is still hers. If you want to get the property when she passes, don't sell it now, since the money will go to her; rent it, use the funds to keep up the property and pay expenses on it (it is legal to use the proceeds to maintain, etc. the property, since that is preserving your grandmother's asset[s]), with any surplus being put aside for or used for your grandmother.
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