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Can my mother sell her home without approval from her children?

Can my mother sell her home without approval from her children?

Q: Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with right of survivorship typically overrides a will. When one joint tenant dies, their share automatically passes to the surviving joint tenants, regardless of what the will states. This means that the property does not go through probate and is not subject to the terms of the deceased's will.

Full question:

my mother owns her home and has a deed that states ' during the term of my life and then to my children XXX in equal shares as joint tenants and not tenants in common of said property'. Can she sell her home outright or does she need approvals from all of her children ?

Category: Real Property
Subcategory: Joint Tenants
Date: 04/07/2025
State: Massachusetts

Answer:

A life tenant, like your mother, has the right to use and benefit from the property during her lifetime. She can sell or mortgage her life estate, but the buyer's rights will only last as long as she is alive. To sell the property outright, she generally needs the consent of her children, who are the remaindermen. Without their approval, she may not be able to complete the sale.

Although your mother can sell her life interest, the value of that interest is often hard to determine since it depends on her lifespan. If one of her children wants to sell the property, they would need her agreement to release her life estate, which can be challenging.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is it called when multiple people own a property?

When multiple people own a property, it is often referred to as co-ownership. There are different forms of co-ownership, including joint tenancy and tenancy in common. In joint tenancy, all owners have equal shares and the right of survivorship, meaning if one owner dies, their share automatically goes to the surviving owners. In tenancy in common, each owner can have different shares, and their share can be inherited by their heirs.

What happens when my name is not in the deed of the house?

If your name is not on the deed of a house, you typically do not have legal ownership of the property. This means you may not have rights to sell, mortgage, or make decisions about the property. However, if you have contributed to the property or have an agreement with the owner, you may have a claim to some rights, but this can be complex and may require legal advice.