Legal Question in Real Estate Law in Virginia

Life time rights

About 25-30 years ago my sister bought my mother's property and gave her lifetime rights. Now my mother is in a rest home and someone has told my sister she can neither sell nor rent the house as long as mama lives. Mama said she would relinquish her rights so my sister could dispose of the property. The property is located in Virginia. Does this sound reasonable?


Asked on 6/10/05, 4:20 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Life time rights

If Mom - the holder of the "life estate" - and your sister - the holder of the "remainder" interest - both join in the sale, the property can be sold. Mom can lease it now, but legally the lease would terminate on her death unless joined in by your sister.

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Answered on 6/10/05, 4:41 am


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