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.

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption