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Help for mother she need to sell house

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susiemo

Junior Member
What is the name of your state? Missouri. My step father past away 5 years ago. He left my mother a life estate (at the house) with the following exceptions:

She may live there until her death, she may sale, convey or dispose of the said property provided all proceeds are equally divided between my mother and his two children. They are giving us a lot of trouble they have stated that she can not sell the property. A title company says that she can if she signs a document stating that they will receive each one third. They still say that the house will not be sold. They are waiting her out (her death) so she gets nothng. She needs the money to live on as she wants to move to a much smaller place ( the house is too much to care for).

This provision was written into the warranty deed.....

Can they stop her from selling the house that she has lived in for the past 25 years.

susiemo
 


HomeGuru

Senior Member
susiemo said:
What is the name of your state? Missouri. My step father past away 5 years ago. He left my mother a life estate (at the house) with the following exceptions:

She may live there until her death, she may sale, convey or dispose of the said property provided all proceeds are equally divided between my mother and his two children. They are giving us a lot of trouble they have stated that she can not sell the property. A title company says that she can if she signs a document stating that they will receive each one third. They still say that the house will not be sold. They are waiting her out (her death) so she gets nothng. She needs the money to live on as she wants to move to a much smaller place ( the house is too much to care for).

This provision was written into the warranty deed.....

Can they stop her from selling the house that she has lived in for the past 25 years.

susiemo
**A: who are "they". And the deed restrictions prevail.
 

susiemo

Junior Member
They are the stepehildren... My question is can they stop the sell of the house? The document that my mother will sign will state that they will receive each one third of the proceeds the title company will put their money into an escrow account until they sign that they have received their money.
She will not have access to that money just her share of the sale.
We just want to sell the house so she will have money to live on for rest of her life is is 81 years old.

Susiemo
 

PghREA

Senior Member
Here's an idea. Find out what the fair market value of the home is and have the stepchildren buy the mom out (pay the Mom 1/3 of the value.) Then the mom can move to a smaller place with money to live on.
 

susiemo

Junior Member
We have already tried that ( buy her out). The stepchildren refuse to sell they want it all (split between the two of them). My mother should have part of this she was married to him for twenty years before his death. We want to share the proceeds with them as he wished. The stepchildren are the ones that are causing the problem.
Susiemo
 

HomeGuru

Senior Member
susiemo said:
They are the stepehildren... My question is can they stop the sell of the house? The document that my mother will sign will state that they will receive each one third of the proceeds the title company will put their money into an escrow account until they sign that they have received their money.
She will not have access to that money just her share of the sale.
We just want to sell the house so she will have money to live on for rest of her life is is 81 years old.

Susiemo

**A: so what's the problem? Why would they not sign if they are getting their fair and equal share. Somehow there is more to this story.
 

susiemo

Junior Member
There is nothing more to the story. They (STEPCHILDREN) just want to split the proceeds between the two of them (Stepchildren).... So..... Can my mother sell this house with the document agreement to give them (stepchildren) each 1/3 of the proceeds?

Susiemo
 
Last edited:

HomeGuru

Senior Member
susiemo said:
There is nothing more to the story. The just want to split the proceeds between the two of them (Stepchildren).... So..... Can my mother sell this house with the document agreement to give them (stepchildren) each 1/3 of the proceeds?

Susiemo

**A: Ok, now I see the greed picture. The answer is yes she can sell pursuant to the life estate agrreement.
 

susiemo

Junior Member
Thank you Thank you so much. I just want to do what is right for all concerned. I don't want anyone to every say that my mother ever cheated them.

Susiemo
 

HomeGuru

Senior Member
susiemo said:
Thank you Thank you so much. I just want to do what is right for all concerned. I don't want anyone to every say that my mother ever cheated them.

Susiemo

**A: be sure to have her seek help from a good Realtor.
 

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