Legal Question in Elder Law in Massachusetts
When a couple has a Life Estate Deed with the right to mortgage, sell and convey
without the consent of the remainderman, does it go through the Probate Court?
Asked on 7/04/14, 8:07 pm
1 Answer from Attorneys
No. Assuming those with the life estate are still alive and still competent, then they can do as they please. As written, it is probably not a true life estate, because of the extent of the unfettered right to use, encumber and sell the property.
Probate court only gets involved in petition to partition a property, probate, disputes involving trust and estates.
Without reading the terms of the "Life Estate" it is not possible to be sure no court consent is required, but it is unlikely given your description that any kind of court consent is required.
Answered on 7/05/14, 9:29 am
Related Questions & Answers
-
Is a spouse,living in Massachesetts (married 23 years) entitled to half their... Asked 3/22/14, 9:04 am in United States Massachusetts Elder Law
-
I am financially indigant. Any reason I need to make a will for my children? Asked 10/11/13, 9:39 am in United States Massachusetts Elder Law