Selling Mom's House: Executor or Power of Attorney?
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An executor (personal representative) has no authority until the person dies and the probate court appoints them. While your parent is living, only your parent, an agent under a valid Florida durable power of attorney with real estate authority, a trustee, or a court-appointed guardian can sell the house.
We hear this often: "Mom's in a nursing home, the house is empty, and I'm her executor. Why won't the title company let me sell it?"
An executor's job starts at death
A will has no effect until death. Even then, the person named as executor must be appointed by the probate court and receive letters of administration before acting.
Who can sell while your parent is alive
- Your parent , if they still have capacity to sign
- The agent under a durable power of attorney , if the document grants real estate authority and meets Florida's signing requirements (two witnesses and a notary). Title companies review the POA carefully and may request an affidavit that it hasn't been revoked.
- The trustee , if the home is titled in a revocable trust
- A court-appointed guardian , with court approval, if there are no documents
Florida homestead issues
If your parent is married, Florida's homestead rules usually require the spouse to join in the sale, even if the spouse isn't on the deed. Homestead can also affect who inherits, which matters if the home isn't sold before death.
Medicaid and sale proceeds
A Florida home can often be exempt for Medicaid while a parent intends to return home or a spouse lives there. Selling turns it into cash that may count. Talk with an attorney before listing the house if a parent receives or may need Medicaid.
Plan ahead
A current durable power of attorney, a revocable trust or a Lady Bird deed can each avoid this problem. See also guardianship vs. power of attorney.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
