Legal Question in Real Estate Law in New Jersey

Re: Exclusive Life Rights

If your mother has a life estate set forth on the deed she can stay there as long as she lives. If she moves she is entitled to the rent. If you sell it you need her signature and your brother's. If he cannot be found or does not agree to sell, you would have to bring a partition action in court to have the house ordered to be sold. Yes, as long as your mother has a life estate, she is responsible for the taxes unless you have another agreement. If you need further legal help please contact us.

Re: Exclusive Life Rights

You have a problem if you and your brother cannot agree on what to do. You and he are the owners, subject to your mom's right of lifetime residency. If the house were to be sold during her lifetime, assuming her agreement, he would be entitled to 1/2 of the sales proceeds. If he could not be located to sign a Deed (and he could prevent a sale or demand to be paid his share, although you could be able to negotiate the value of his interest, if he were agreable - I have done this in the past). I suggest trying to get some written agreement from him, giving you the right to sell if required, along with his Power of Attorney to conduct the sale, and spelling out some agreement on the use of the sales proceeds (such as, replacing the house with some less expensive one, or allowing the proceeds to be used to assist mom in a replacement rental and then a split of the remaining funds when she passed away). You should get this before he leaves, or you might wind up in litigation at a later date, with many complications if he cannot be located.