What to do if my grandfather has a life lease on some land he would like to sell?

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What to do if my grandfather has a life lease on some land he would like to sell?

He wants to sell it because my grandmother passed away and the bills from that have eaten up most of his saveings. However, when she passed he put my father on the land deed as well, so if some thing would happen to him my dad would be in control. Now that he wants to sell they need my stepmother to sign off as well but and she won’t do it. Is there anything that my grandfather can do about it?

Asked on March 21, 2013 under Estate Planning, Ohio

Answers:

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

Answered 8 years ago | Contributor

Sounds like your grandfather has already spoken with a lawyer on this matter, but if he has not then he should as soon as he can.  A life tenant - which he is as he has a life estate - can not sell the property with out the okay of the remainderman (your Father).  Is your step mother on the property?  Because if she is not then I fail to see why she has a say.  Your grandfather could rent the property during his lifetime he just can not transfer it.  You are a good kid to write on his behalf.  Good luck.


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