If my mother transferred the deed to her house to me with the stipulation that she may live there for her life but she’s now in a nursing home, can we sell the house?

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If my mother transferred the deed to her house to me with the stipulation that she may live there for her life but she’s now in a nursing home, can we sell the house?

She has dementia and we have had to move her to a nursing home. She will remain there until she passes. Does the stipulation prevent us from selling the house before she passes? She transferred the house to me 9 years ago.

Asked on March 6, 2015 under Estate Planning, Ohio

Answers:

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

Answered 6 years ago | Contributor

You need to take the deed to ana ttorney in the area to read.  I am assuming that you mean that she retained a Life Estate in the property, correct?  That Life Estate has to be protected and maintained unless she gives up that right or passes on.  Given the dementia issue she can not - most likely - execute a deed. So you may ahve to rent the property out until she passes.  The rental income would be hers.  Please seek help.  Good luck.


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