life estate in a will

[mable]

A man dies leaving a will. In it he leaves his disabled
adult daughter a life estate in a piece of real estate
with the remainder to his other 9 children in fee to be
shared equally. The disabled adult daughter is now in a
nursing home with 0% chance of returning to the residence.
It says in the will that if ever the real estate should be
sold, all net proceeds should go to the 9 children. Since the disabled daughter has no more use for the life estate,
can the life estate be terminated and the property be
conveyed to the other 9 children and be sold?
( State of Indiana)

 

[ALawyer]

A life estate gives her possession of the land and the ability to rent it out for life, but she has to pay taxes and upkeep. Her rights have to be surrendered or cashed out before you can convey clear title to someone else. If she is receiving Medicaid that raises some issues too. Another is her ability to act -- is she competent - if so she can act legally.