Legal Question in Wills and Trusts in Virginia

will

I have life time living rights in my mothers will. My sister has power of attorney and wants to sell the house and put my mother in a nursing home. I have lived in the house my whole life and have been primary care giver to my mother for the last eight years since my father died. My mother has no assets other than the house and she gets a small ss check.What are my and my mothers rights?


Asked on 4/04/08, 9:44 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: will

If you've been given a life estate in the house, the house cannot be sold after your mother passes unless you agree to the sale and sign the sale contract.(The will, however, does not become effective until your mother dies.)

In the meantime, your mother (if she still retains her mental faculties) can certainly withdraw the POA given to your sister any time she chooses.

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Answered on 4/05/08, 7:44 am


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