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  1. #1
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    Jun 2011
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    Default Selling Property That is Subject to a Life Estate

    My question involves estate proceedings in the state of: Texas
    My mother gave me a warranty deed in 2001. She maintained a life estate. She has been in the nursing home for 3 years with alzheimer's. Is there any way to sell the property legally? She made a will 50 years ago leaving everything to my sister and I. If I can legally sell the propery do I have to share the amount with my sister? My mother is unable to pay taxes and insurance and the house is sitting vacant. I am on total disability and on limited income and can no longer pay taxes and insurance. The house is being vandilized and is falling into a sad state of repair.

  2. #2
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    Default Re: Selling Property That is Subject to a Life Estate

    Did she execute a durable power of attorney? That allows the holder to make real estate transactions? If so, what is the language of the relevant provision(s) in the power of attorney?

    If not, has a conservator been appointed to manage her finances?

  3. #3
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    Default Re: Selling Property That is Subject to a Life Estate

    Is your mother willing to relinquish her life estate? I see she has Alzheimer's so if she is incapacitated, does anybody have a durable power of attorney?

    You have a case to have it terminated but that takes time and money. If she is willing to terminated the tenancy, it would release the home to you for you to do with as you desire. If you were the sole grantee on the deed, then it is all yours.

  4. #4
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    Default Re: Selling Property That is Subject to a Life Estate

    Yes I do have power of attorney. I take care of all of her business.

  5. #5
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    Default Re: Selling Property That is Subject to a Life Estate

    Did you miss this:
    Quote Quoting aaron
    View Post
    Did she execute a durable power of attorney? That allows the holder to make real estate transactions? If so, what is the language of the relevant provision(s) in the power of attorney?

  6. #6
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    Default Re: Selling Property That is Subject to a Life Estate

    I am the agent (attorney-in-fact) with no restrictions. She gave me power to act for her in Real property transactions and all other areas. This power of attorney was in affect immediately and was not affected by her disability or incapacity.

  7. #7
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    Default Re: Selling Property That is Subject to a Life Estate

    I am the agent (attorney-in-fact) with no restrictions. She gave me power to act for her in Real property transactions and all other areas. This power of attorney was in affect immediately and was not affected by her disability or incapacity.

  8. #8
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    Default Re: Selling Property That is Subject to a Life Estate

    Quote Quoting Country
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    This power of attorney was in affect immediately and was not affected by her disability or incapacity.
    not sure what that is supposed to mean. Was she in full control of her mental faculties when assigning the POA?


    Is it actually titled as a durable power of attorney?

    have you had the durable POA recorded as required by law?

    so, if everything is in place to allow you to act for her, as her agent you could relinquish the life estate. Whoever is listed as remainderman is who the money for the sale of the property would belong to. You also need to realize that due to your involvement as the remainderman, your actions could be seen as suspicious and subject to review.

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