Selling your parents' house
Selling your parents' house: this is what you need to know about it
Ideally, you want your parents to grow old healthy and fit, with a clear mind and in their own familiar home. Unfortunately, practice is often different. Many elderly people eventually move to a nursing home because they can no longer live at home due to illness or old age. Is that also the situation with your parent(s)? And are you now wondering what to do with their owner-occupied home? We explain to you what rules you have to deal with and what you need to pay attention to when selling your parents' house.
Are they still competent? Then arrange a notarial power of attorney
If your father and/or mother can still decide on the sale themselves, you can arrange a notarial power of attorney or power of sale. With a sales power of attorney they give you permission to sell the house. A full power of attorney goes a step further: you can arrange all their financial, medical and legal affairs for them. This allows you to sell the house without them having to do anything else.
This is the easiest option. However, a notarial power of attorney is only possible if your parents are still mentally alert. If that is not the case, for example due to Alzheimer's or other conditions, they cannot sign a power of attorney.
Apply for guardianship with the subdistrict court judge
And if a power of attorney is not possible? Then fortunately there is another option: guardianship. You can request this from the subdistrict court judge. As guardian of your parent(s), you can make decisions about their money and assets, including the house. You can then offer it for sale.
However, there is a 'but': after the purchase agreement has been signed, you must apply for a sales authorization, again from the subdistrict court. For example, you must explain how the sales price was determined and why the home should be sold. The sale is only final with the permission of the judge.
What if your parents die before the sale is completed?
Suppose you have applied for and been granted guardianship, put the house up for sale and signed a purchase contract. We are waiting for the sales authorization.
And then your last living parent dies. The administration ends there. Can you complete the sale of the house?
In most cases the answer is: yes, that is allowed. All tasks under the guardianship are transferred to the heirs - and there is a good chance that this will be you. And as an heir you can sell your parents' home. The sales authorization from the subdistrict court judge is then no longer a requirement.
Is the situation more complex because, for example, there are other heirs who disagree with the sale or agreed price? Or because you want to reject the inheritance?
Then ask a notary or lawyer for advice and consult with your sales agent. They can advise you on the best next steps.
Can you sell your parents' house as a minor?
As a minor you are not allowed to decide for yourself about the assets from an inheritance. This is done by a legal representative or guardian. Your parents can appoint someone for this in a will. If they have not done so, the judge can appoint someone.
This legal representative determines what happens to the inheritance. They can sell the house in consultation with the minor heir. Permission is then required from the subdistrict court judge, to prevent the guardian from selling the house for a low friendly price, for example.
As a minor heir, you are not allowed to sell the house independently, but you can trust that the designated guardian will consult with you and act in your interests.
Tip: hire a sales agent
Selling a house is a complex process. If you also have to deal with powers of attorney, guardianship and sales authorizations, things become even more complicated. So don't try to do it alone.
A good NVM sales agent knows the rules and can give you good advice about the sale of your parents' house. You can then be sure that everything is legally correct and that the house is sold as well as possible. And that gives peace.
