Can a daughter who gets guardianship of the life estate person sell the property?

ScottGem · Jun 25, 2012, 03:29 AM

Are you saying that the mother assigned her home to her son taking back a life estate and now the daughter was granted guardianship of the mother and wants to sell the property?

Then no, she can't sell it. The mother no longer own it, the son does.

amaineac · Jun 25, 2012, 04:14 AM

Thank you for your reply. My husband has been living in the home and taking care of his mom for at least 6 years and it was a surprise to him that she did this. We want her in her home but the daughter shipped her off to a nursing home when she already had good care with a pca.

ScottGem · Jun 25, 2012, 05:16 AM

How did his sister get guardianship?

Did she actually sell the house or just put it up for sale. Was the transfer and life estate registered with the county?

amaineac · Jun 25, 2012, 01:57 PM

No she did not sell the house, she got temp guardianship using a bunch of lies.

ScottGem · Jun 25, 2012, 03:38 PM

then the son needs to go to court to expose her lies and get the guardianship removed.

joypulv · Jun 25, 2012, 04:50 PM

If Medicaid is paying for the nursing home, they can order the sale of the house. You have to hurry if you want to stop this.

ScottGem · Jun 25, 2012, 05:06 PM

Quote:

Originally Posted by joypulv

If Medicaid is paying for the nursing home, they can order the sale of the house. You have to hurry if you want to stop this.

Probably not if the house was transferred to the son more than 2 years previously. The life estate doesn't constitute ownership.

joypulv · Jun 25, 2012, 11:58 PM

The 2 year rule has been changed to 5.

ScottGem · Jun 26, 2012, 02:57 AM

Quote:

Originally Posted by joypulv

The 2 year rule has been changed to 5.

Thanks, I thought I remembered it being changed, just didn't remember to what.

Can a daughter who gets guardianship of the life estate person sell the property?

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