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No. The life estate belongs to her as long as she is alive. If she granted a power of attorney and it is still valid, the attorney in fact could consent to a sale of the real estate or release the life estate. If there is no valid POA and the individual is not of sound mind, a petition to sell the real estate free of the life estate could be brought before the probate court.

A life estate means that someone else gets the property at her death. Who gets the property on her death? They can only sell it subject to the life estate, which reduces the value to the buyer.

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โˆ™ 2013-11-16 05:35:50
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Q: If the person holding a life estate is in the nursing home and will never return to the home can the home be sold with out her signing off on it?
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As long as they are alive.

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