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Generally, being incarcerated does not take away a person's property rights. However, if there is a mortgage to pay, property taxes, insurance and utility bills, the property could be lost for non-payment. If you are dwelling in the property and paying for the upkeep and maintenance, then you should request your parent transfer ownership to you.

If you need to manage the property for your parent then he/she must execute a Power of Attorney that names you as the attorney-in-fact. That would give you the authority to stand in for your parent, sign your parent's name and manage the property. The parent could also transfer ownership to the children if he/she will be incarcerated for a long time.

The situation changes when a parent is found criminally responsible for the death of the other parent. In that case the incarcerated parent's right to any marital property is wiped out and title passes to the children.

You should seek the advice of an attorney in your area who could review your situation and determine what your rights and options are.

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15y ago

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