Legal Question in Real Estate Law in District of Columbia
mother moving to Italy
My father, in his will has left his house to his six children with my stepmother having a living interest (she can live in it until she dies) in it. She is planning on moving back to Italy in September and does not plan on returning to the U.S. Do we have to have her sign anything in order to sell the house? She is 85 years old.
2 Answers from Attorneys
Re: mother moving to Italy
Yes. Presumeably the new owners would not want to wait until the end of her life to take possession. You may either buy her life interest, or she becomes a seller and must sign the listing agreement, disclosures, contract and settlement documents.
Re: mother moving to Italy
Yes, indeed, you sure do. If the house were to be sold, your stepmother and the residuary heirs (the six children)would have to sign for the sale. Alternatively, the stepmother's life estate interest in the property could likely be extinguished by way of a quitclaim deed conveying that interest in the property to the six heirs.
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