Legal Question in Wills and Trusts in Alabama

Living Estate

My mom deeded her home to me 25 years ago. She is now in a nursing home as long as she lives.

Can I sell her home as long as she is living?


Asked on 12/09/07, 9:20 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: Living Estate

Depends. Did she reserve a Life Estate in the home? If so, her rights do not end until her death. If she conveyed the entire home to you without reservations, it is yours to do with as you please. If your mom still owns a life estate, you could purchase it from her but if she is on Medicaid, it might impact her eligibility. You could sell it subject to the life estate but finding a buyer might be a problem. More to your situation than you probably imagined!

William G. Nolan

www.NolanElderLaw.com

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Answered on 12/10/07, 4:16 am


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