Legal Question in Wills and Trusts in New York

Re: Life Use Estate of Home

The house can be sold provided you and your father sign the deed. If your father is mentally incapacitated then a guardian, conservator or a person holding a valid power of attorney can sign on his behalf.

Re: Life Use Estate of Home

It's not clear to me why the house needs to be sold at all. There are serious Medicaid and tax implications associated with the sale of a life estate. Before doing anything further, I strongly advise you to consult with an elder law attorney in your area. A list of such attorneys can be found at http://www.naela.org

Re: Life Use Estate of Home

The ability to sell depends upon a determination of whether or not there is any possibility of his return to the house. If none, the house may be sold, but you may require, as Norman stated, either his signature or that of the holder of a POA or a court-appointed guardian. Since he is still living, there may have to be an allocation of the sales proceeds to both you and him and this has the possible ramifications that Alexandra mentions. There may also be income tax ramifications of a sale during his lifetime. I concur that either way, an elder law specialist be consulted before you do anything, as well as a CPA to review the tax ramifications. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.