Selling Family Property Guide

Summary

In Georgia, selling a family property with occupants involves several legal steps. You must obtain legal authority to sell, provide proper notice to occupants, and ensure the sale is in your parents best interest. Family members cant prevent the sale but must be given proper notice of eviction. Misuse of proceeds for personal benefit can lead to legal consequences. Consult with a real estate and elder law attorney for personalized advice.

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I need my parent to get better care. I also have to pay some debt, purchase things for him and take care of his child. Would this be in their best intrest if i sell the property even if family members are living in the home
It's crucial to prioritize your parent's needs, but selling a home with occupants can be complex. In Georgia, you need to:
- Obtain legal authority to sell the property
- Give proper notice to the occupants
- Proceed with the sale if it's in your parent's best interest
Consult a real estate attorney for personalized advice.
How can someone prove that I didnt do something in my parents best intrest?
To prove that you acted against your parent's best interest, they must show:
- You made decisions that negatively impacted your parent's wellbeing.
- You mismanaged their property or finances.
Consider keeping detailed records of your actions to protect yourself. Consult a lawyer for personalized advice.
So if i put them in an assisted living, could they challenge that?
Yes, your parent or other interested parties could potentially challenge the decision. They would need to show that the decision is not in your parent's best interest. It's important to consult with an elder law attorney to ensure you're making legally sound decisions.
But how is putting them in assisted living when ive been taking care of them not in their best intrest? What could they potentially say?
They could potentially argue that the assisted living facility doesn't meet your parent's specific needs or that the care you provided at home was more beneficial. They may also bring up issues with the cost or quality of the facility. It would be wise to consult with an elder law attorney on this matter.
But they would only be trying to do that because i sold parents home. Isnt this wrong of them and wouldnt I be in the right in my defense?
In Georgia, if you can prove that you sold the property in your parent's best interest, your decision could be justified. However, it's crucial to:
- Show the sale was necessary for your parent's care
- Explain how the proceeds were used for their benefit
Consult with an elder law attorney for personalized advice.
Whats wrong with using some of the proceeds for myslef ?
Using some of the proceeds for yourself can be problematic if:
- You don't have legal authority to do so.
- The funds are not used for your parent's care or benefit.
Misuse of funds could lead to legal consequences. Consult with an elder law attorney for personalized advice.
But in using the funds it helps me to continue to be their and help/take care of parent and their child
It's understandable that you may need financial support to care for your parent and their child. However, it's crucial to ensure the funds are used appropriately. Have you consulted with an elder law attorney to discuss your situation and how you can best protect yourself legally?
But parent also doesnt need the home, because theyve never lived in it, and their going to be living in assisted living, yet I would still have to manage and take care of the bill payment. Wouldnt it be in the best intrest to sale it
It's crucial to ensure the sale of the property is in your parent's best interest. This includes:
- Using the proceeds for their care or benefit.
- Considering any potential tax implications.
- Addressing the housing needs of anyone currently living in the property.
Consult with a real estate and elder law attorney for personalized advice.
Why do i have to adress the housing needs? what do you mean
"Addressing the housing needs" means considering the impact of the sale on current occupants. In Georgia:
- You need to give occupants notice before eviction.
- If a tenant has a lease, you may need to honor it.
- You may face legal action if you don't handle this properly.
Consult a real estate lawyer for guidance.
Can those living in the home stop me from selling it
In Georgia, occupants can't prevent the sale but may have rights depending on their status (tenant, family member). Key points:
- Tenants with a lease: must honor lease until expiration
- Tenants without a lease/relatives: need proper notice before eviction
Consult with a real estate attorney for guidance.
Even if their family they cant prevent it
That's correct. Family members can't prevent the sale, but must be given proper notice of eviction according to Georgia law. Can I assist you with any other questions regarding this matter?
Can i notify after its been sold and then tell them
In Georgia, it's generally required to provide notice to occupants before the sale, not after. Failing to do so can lead to legal complications. It's advised to consult with a real estate attorney for guidance.