Legal Question in Real Estate Law in New Jersey

Re: life estate and sale of property

I will assume that you have given all the relevant facts, accurately; if additional relevant facts exist, they could completely change this situation. At the most, your sister can only sell what she has some control over, which is the ownership that your mother has. Your mother has only a life interest, terminating when she dies. Your sister can not sell the full and complete ownership to the property in ANY circumstance because your mother does not have that. More importantly, if your mother and sister disagree, your mother can easily take steps to terminate the power of attorney. This sounds like a situation where discussion and compromise would go a long way to keep peace in the family. That is not always possible, however. Please call if I can assist. 973 890 0400

Re: life estate and sale of property

Based upon the information you provided, it would appear that you own the property with you mother only owning a life interest. Your sister can only sell your mother's interest - which may be difficult. If your mother is not mentally incompetent and disagrees with how your sister is handling the affairs, your mother could void the power of attorney and appoint you or someone else. My office can assist you or your mother with the documentation.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for clients through out New Jersey and Pennsylvania with a diversified law practice, consisting

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Blair C. Lane, Sr. Attorney at Law

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Re: life estate and sale of property

All your sister can sell with your mother's POA is what your mother owns which is only a life estate and you won't find many buyers for that. As long as Mom was mentally competent when she and your Dad transferred the property to you, there is little your sister can do.

Nevertheless, my answer does not constitute a legal opinion or advice as I can not be sure I have all the facts because I haven't had a chance to ask questions. Therefore, I suggest you consult with a Real estate attorney for further advice.