Legal Question in Wills and Trusts in Colorado
Sale of House Held in Life Estate
House was in both parents names, quit deeded to children with life estate clause ''with all it appurtenances with one exception that --- and --- be allowed to remain in home and on property as long as desired. Father has died, Mother still living in home. Child wants to buy house, other siblings do not agree, one who wants to buy does not want anything in writing. Can Mother sell house, is house hers to sell or does she just have rights to house and property such as to live in, or rent out, or leave vacant until her death. Ones who wants to buy wants house quit deeded to their name. Not any protection for Mother.
1 Answer from Attorneys
Re: Sale of House Held in Life Estate
Your question raised a number of issues that you will need to resolve with an experienced estate attorney. Some of these questions include: 1. the written documents; 2. why family members are not respecting those; 3. status of your mother's interest and her wishes; and 4. actual ownership of the property.
You should consult with an experienced estate and trust lawyer immediately.