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.
2 Answers from Attorneys
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.
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.