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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56226
Experience:  Licensed attorney helping individuals and businesses.
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My father set up a Life Estate for my step-mother before he

Customer Question

My father set up a Life Estate for my step-mother before he passed away. She can't keep the home and land up any more (she's 80) and wants to move. She and I are the executors of the estate. We'd like to sell the real estate and divide the proceeds between the heirs, but she can't move until the it sells. The real estate (a house sitting on about 4 acres of land) is located in Virginia. My question: When she makes the decision to leave, can we put the property up for sale or are there other hoops we need to jump through? I have a copy of the Life Estate, and to me it looks like there are no issues.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Infolawyer replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 9 months ago.

she is free to in effect surrender the life estate.

This can be done as she vacates or leading up to a vacate date.

If she does so or otherwise authorizes it, the home can be put up for sale and proceeds divided among the remainder beneficiaries.

Her authorization needs to be in writing.

Expert:  Infolawyer replied 9 months ago.

I hope that is fast and clear.

Kindly rate me 5 stars, thank you.

Expert:  Infolawyer replied 9 months ago.

If I can clarify anything, ask me.

otherwise please rate me 5 stars.