Legal Question in Wills and Trusts in New Jersey

Re: Does she own the house or just live there?

I agree with Mr. LeVine. This is a difficult area, even when all parties are "on the same page"...it becomes even more difficult when they are not.

Another option is for your mother to direct a sale in her will and keep the one sister's share in trust for her...with the money being used for her support (housing expenses, etc.).

Re: Does she own the house or just live there?

I suggest that this be done by Will rather than a Deed, but in either case it should be prepared by an attorney. There are many ramifications to creating a life estate, imposed on other children, so many details need to bhe covered, however it is done. Items like upkeep and costs need to be specified (who pays real estate taxes, property insurance, ordinanry repairs and maintenance, major repairs ), who else may life there at the same time and under what circustances (assume someone else may need a home), what events can trigger a sale (should it only be left to that daughter's decision, or the others if she fails or refuses to pays bills and maintain the house), what if she marries - can her husband live there also? This is a complicated matter and I am handling the third lawsuit between siblings just on this subject. If these, and other matters, are not specified, litigation can become a problem and this type of litigation can be costly. This is a response to an Internet question and not intended to be legal advice or create an attorney-client relationship. Differeing facts, some of which may not have been discussed, can produce different responses or results.