Legal Question in Real Estate Law in New York

Can you sell a home with some listed as a lifetime tenant who is now living in a nursing home


Asked on 12/14/13, 10:06 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Yes, if you and the buyer are convinced they have abandoned the tenancy.

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Answered on 12/14/13, 10:43 am
Arnold Nager Arnold H. Nager, Esquire

Make sure a title insurance company will guaranty the title.

If the life tenant as well as the remainderman sign the deed there will not be a problem. However, the life tenant must be competent, otherwise a guardian will need to be appointed.

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Answered on 12/14/13, 11:07 am
Walter LeVine Walter D. LeVine, Esq.

I agree with both other authors, but it would be better if life tenant gave a quit-claim Deed renouncing life tenancy. You have not said that nursing home situation precludes a return to the home. If this return is possible, you run a risk that the lifetime tenancy can be invoked down the road.

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Answered on 12/14/13, 11:36 am
Kevin Connolly Kevin J. Connolly

You are confused , I think, between a lifetime tenant and a life tenancy. Life tenancy means that the person in the nursing home owns the house until they die. Mr. Nager's solution might work but most title companies won't touch these deals--too much chance of a fraud. It would be different if the life tenant could come to a closing.

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Answered on 12/14/13, 7:08 pm


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