Can a home be sold that is deeded to the children but a parent holding a lifetime right now lives in nursing home and is terminal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a home be sold that is deeded to the children but a parent holding a lifetime right now lives in nursing home and is terminal?
My mom deeded her house to her 4 children and kept lifetime rigt for herself. However, she has alsheimers and heart failure and is in nursing home. She will never live there again. We need to sell the home to have money because of expense involved in keeping it(liability and fie insurance; roof repair, taxes, etc) it has become a money pit. Can the children sell now with our mother still living? She is incompetent.
Asked on June 24, 2012 under Estate Planning, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, if all the parties agree to the sale - the life estate holder and the remaindermen - then you can sell the house. If your Mother is incompetent then she can not consent. So it would follow that some one needs to be appointed as the guardian and/or conservator of her estate in order to be able to sign off on the sale. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.