Expert: Dick Dennis - 8/27/2008

Question
My 85 year old mother moved from her home in GA to a house I owned free and clear in FL. I gave her a life estate in it, but she became unhappy and moved back to her home in GA. Now she says she's going to sell MY house in FL. Can she do that? In the document giving her the life estate, there was no mention of her being able to rent or sell the property. Thank you.

Answer
Your mother is losing her mind, Brenda. There is no way she can sell your house no more than she can sell the Empire State Building. She is very much mistaken. If you gave her a life estate in your property, once she has moved out of that house, the life estate is severed, no longer in effect.

If it was me, I would ignore anything she may say or try to do on the subject and go ahead and move a tenant into the property (assuming you do not live there). Just go on about your business and you need not worry about it. I do wish you well.

Dick Dennis     dixiedee13@aol.com