estate planning

My mother put the deed to her house in her four children's names. with the stipulation she have life use. she is now in an assited living facility and is running out of money. we were told we couldn't sell the house as long as she is alive. we want to know if there is a way to get this life use off. Would she have to sign off on that? can i get that removed as power of attorney? does she have to sign anything? or can i just go ahead and do it? what are other options.? we live in new york state.

This raises all sorts of questions, including eligibility for Medicaid. I suggest a NY State real estate lawyer or Elder Care lawyer be asked, as you do not want to disqualify her. In general filing a new deed, which the 4 of you plus Mom also signed before a notary (or you acting on her behalf as power of attorney), conveying the property to the 4 of you, without the life estate, would do it. The issue is whether the prospective buyer's title company would raise any questions should you sell the house. Also, there are income tax issues involved as the gain is taxable to the 4 of you.

Most states require at least 3 years and now some states 5 years before a person can apply for medicaid, after disposing of a home.

If she signed over the house 3 years ago, and was NOT diagnosed with any illnesess..your home free...