My Stepfather has living rights to my deceased mothers house. Can I offer him money to do a quit claim deed, so I can sell it.

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My Stepfather has living rights to my deceased mothers house. Can I offer him money to do a quit claim deed, so I can sell it.

My stepfather left the home after my mother died, and has been away for 10 years.
My sisters and I want to sell it. My sisters and I are upkeeping it, and keeping
the taxes paid on it for all of these years. Now we want to sell it because my
mother deeded it to my sisters and I. We are overwhelmed with the upkeep and the
cost. What can we do?

Asked on February 26, 2018 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you may. The "living rights" to which you refer are presumably a "life estate"--the right to reside there for so long as he lives. That right can be sold the same as any other right to property can be sold. What you describe is legal and practical.


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