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
4 Answers from Attorneys
Yes, if you and the buyer are convinced they have abandoned the tenancy.
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.
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.
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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Csn you sell a home with someone listed as a lifetime tenant Asked 12/14/13, 8:55 am in United States New York Real Estate and Real Property