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I am the remainderman in a life estate. Can I sell my interest

I am the remainderman in...
I am the remainderman in a life estate. Can I sell my interest in the life estate without the permission of the guardian
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Answered in 6 minutes by:
9/1/2011
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,555
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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No, if you have a guardian, the guardian must approve your selling your interest, since the guardian is in charge of your estate.


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Customer reply replied 6 years ago
My mom left me the house in a life estate. I am the remainderman. Mom is the life tenant. My sister is the guardian for my mom. Do I need my sisters approval to sell my interest in the life estate?
Thank you for clarifying this. If you do not have a guardian, you can sell your interest in the estate, but you have to sell subject to the life estate. This means that you can do nothing to impair the life estate rights as you only own the naked rights to the property. Thus in the sale you have to make it clear that all you are transferring is naked ownership subject to all rights of the life tenant and you do not need the guardian of the life tenant to approve, the key is simply that you do nothing to impair the life tenancy.
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