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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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