I sold my Fathers house in London On and it closes the end of January. My Father is 95 and is in hospital. He has a will

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Customer: I sold my Fathers house in London On and it closes the end of January. My Father is 95 and is in hospital. He has a will and empty the house in it says that each person in the will is initialed to 3 pictures of art and split the rest equally. Now we have to empty the house. Can we sell the contents of the house or give it to charity while he is still alive? Or do we have to put it in storage until he dies? Do we have to charge tax on the contents we sell? Thankyou.
JA: What state are you in? It matters because laws vary by location.
Customer: I live in London Ontario Canada
JA: What steps have you taken so far?
Customer: We sold the house and now we have to clear it out. by the end of January
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, we just need to know if we can remove the items from the house before he dies and sell what we do not want. Would the items we sell have to be taxed?.
Answered by Debra in 4 mins 2 years ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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174572 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Is your father mentally competent?

Customer
but he is confused and can not make rational dictions but he is still alive.
Customer
We want to know if we can take his personal things, to keep or sell like paintings and furniture since we have to empty the house by the end of January when the buyers get possession.
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Debra, Expert

If he is not able to make decisions about his finances and every decision that you make must be in your father's best interest. You cannot at all consider the willl because he has not died. The will is confidential and not active at this point in time.

So you can only benefit him and not the beneficiaries or the estate.

So you can sell things in the house and there is no tax on that but the money has to go into an account for your father. You don't have to store all the items but it's just that the money has to be put away strictly for your father.

Do you see what I mean?

Customer
Does my father have to agree to the price of the things we sell to empty the house by the end of January?
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Debra, Expert

If your father is mentally competent to make decisions about finances and his care you cannot use the POA at all. The POA is for when he is no longer competent. The POA should have a provision in it telling you when you can trigger the POA. For example it may say two doctors have to decide that your father is no longer mentally competent. If the POA is triggered then your father cannot make decisions.

If the POA is not yet able to be triggered then all of this is up to your father and not at all up to you.

Do you understand what I'm saying?

Customer
The buyer of the house bought some furniture with the purchase of the house. Now we have a buyer for some of the items in the house. Can we sell some furniture to them now and can the buyer pick up the items while my father is in the hospital. He is dyeing and he could any time now.
Customer
Are you saying when we get a price for the items in the house my father has to agree with the prices we sell them for?
Customer
Can you please reply to my questions?
Customer
Are you still there?
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Debra, Expert

My answer as wiped out. I will redo it.

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Debra, Expert

Yes they can pick out what you tell them to pick out. The contents is not any different than selling the house. If you can legally sell the house then you can sell the contents.

Customer
Thankyou. Can you send your answers to my e-mail.***@******.***? I would appreciate that if you can. The house sold for over a million dollars and we have 600.000 in paintings not counting al the other items.
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Debra, Expert

I don't work for the site so I don't know how to send you that so please speak to customer service.

Thanks

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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