02/08/2024
Here is a scenario: Husband and wife are happily married for years. Most property is titled in both names. Suddenly, one day, Husband has a stroke - he is incapacitated and required long term care. Wife needs to sell some property - a car, an acre of real estate - to help pay.
PROBLEM. She cannot do so.
Why? Because all of their property is in both names - she should be able to sell, right? Wrong. She inherits everything - but Husband did not pass away. He is living...yet does not have capacity to sign. All jointly titled property is stuck in limbo until a guardianship and/or conservatorship can be petitioned in Circuit Court - which is expensive and takes time.
A General Durable Power of Attorney would save the day.
THE RELIANCE LAW GROUP
www.reliancelawgroup.net
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