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life rights to house

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vicki10993

Junior Member
What is the name of your state (only U.S. law)? new york

my fathers home has been signed over to my three siblings and myself in order for him to be placed in a county run alzheimer facilty. my mom passed 5 years ago and the only thing (asset) they really had was their home. we signed the house over right after she died b/c we had an idea that our dad was eventually going to require full time nursing care. my dad was given life rights to his home even though it was no longer in his name. he is now living fulltime in a facility - can we sell the house? we are currently maintaining the bills (electric,water,etc) out of our pockets b/c the county takes my dad's social security check to pay for his care . what are our rights ? we have heard different versions- we have been told we cannot sell the house as long as he is living? :confused::confused:
 


Kiawah

Senior Member
I believe you're going to have to indicate exactly how the house is deeded.

Is it deeded as part of a trust of some sort, if he has lifetime rights to live there? What is the controlling instrument which gives him lifetime rights? And if he has lifetime rights, and he is still alive, then I would guess you can't sell it....otherwise, how would you be able to comply with that part of the agreement?
 
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tranquility

Senior Member
Even subject to a life estate, the home can be sold. However, without right of possession, it will be sold at a severe discount.
 

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