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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My sister lives in DE. Several years ago, she gave her home

Customer Question

My sister lives in DE. Several years ago, she gave her home to her son, but retained life time rights. She is only 72 now. She plans to move up here to PA to live with me and my family, in our home. Her son originally told her (a few weeks ago) he would sign off, on the deed and allow her to sell her home. Now he says NO. I have her checking into weather or not she ever signed a LIMITED POWER OF APPOINTMENT. What recourse does she have to be able to selL?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: dELAWARE
JA: Has anything been filed or reported?
Customer: i know they had an attorney write up the deed, a few years ago, listing my nephew on it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: probably not....
Submitted: 4 months ago.
Category: Legal
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

What you describe is known as a Life Estate. Your sister deeded the property to herself as a life estate with the remainder going to her son on her death. If he refuses now to agree to allow her to sell the property, he can prevent the sale.

Now she can rent it out for the remainder of her life if she wants to move---but she does not have the unilateral right to sell the property. A sale can only be legally accomplished with the consent of the Life Estate Remainderman---her son.

You may reply back to me again if you have additional questions, and I will continue to assist you.

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I wish you and yours well in 2017,