Problems with house sale

[Clappingforjoy]

Posting here for traffic as we are in a right pickle with selling my moms house that has gone into care.

Sorry posted too soon. I

My mom developed dementia which progressed rapidly before we had a chance to sort out a power of attorney. She signed the forms to sell it but there are further forms to sign and she is now in a carehome and we cant visit her and the staff are saying she doesnt have the mental capacity.
Solicitors have all advised differently with conflicting advice with one saying we can go to probate to sell the house and one saying we cant to another saying we need a court of protection.
In the meantime we have a buyer got a decent asking price and cant complete the sale due to all of this and lockdown hasnt helped.

My dad died over 2 years ago but him and my mom had put 50% in trust for us and the other was in case any of them ever needed care.
We was under the impression that us children would be able to take our share on completion of the sale but have been told that even when the sake does complete we still cant touch it until my
mom passes.
I'm just looking to see if anybody here has advice or been through similar

I would go with the solicitor that says you can proceed with the least hassle. If they are giving you advice and you have signed t&cs with them. They will be liable should that advice be wrong.

Probate is when somebody had died, so that's not relevant. I believe you need the Court of Protection. But I don't think it's cheap or quick.

Desperate for insight it's not just that we want the money we are having issues completing the sale as well and obviously they will eventually start charging care fees

Why is one solicitor mentioning probate - do they think your dm has died?

Just seen you are using "mom" I assumed you were in the UK. I know nothing about USA laws.

The wills are worded in a way that we didnt think we would hit this problem

I am in the UK

No they all been informed that our mother is in a carehome with dementia

Doesnt solve the problem but in the short term could you rent it out?

Other wise you will have to wait for |Power ot Attorney which can take a long time if she is already suffering from dementia

My df named my dm as his executor and trustee but if she became unwilling or unable to act or does then he appointed his daughters as substitute executors and trustees

Why so keen to sell?

Dies that should say

It's a empty house Soda and she will need for carehome fees

I thought in this position it had to go to the Court of Protection and you apply for Guardianship I think it’s called, which unfortunately is quite a long process.

My dm is down as the life tenant

The problem is that we have a buyer and stand to lose that buyer and thus lose alot of money off the sale price is it goes up for sale again

Unfortunately that's just the way it is when you don't have PoA and the owner doesn't have capacity. You'll have to just wait until due process has taken place.

West midlands

Whilst this house is standing empty my is still paying out on water rates etc it's dead money but we are not allowed to cancel. We think maybe my parents should have added in a poa into the will

My DM is still shelling out on the billing