Legal Question in Real Estate Law in New Jersey

life right

if the person who has a life right, is in a nursing home, with dementia; can the house be sold without his signature.


Asked on 6/05/08, 9:50 am

2 Answers from Attorneys

Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: life right

If the person previously executed a durable power of attorney authorizing the agent to sell the property, then the agent under the power of attorney could execute the sale of the property. Otherwise, you would need to make an application to the court for authorization to act on behalf of the property owner.

Please feel free to contact me if you would like a consultation on this.

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Answered on 6/05/08, 10:04 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: life right

If there is no power of attorney, a guardianship action has to be brought with the court. Once a guardian is appointed the house can be sold, but the sale must be approved by the Court and the life estate's monetary share put in trust for her. If you want to go forward, please call for an appointment.

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Answered on 6/05/08, 10:09 am


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