Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. When someone has a life estate and wants to sell property, the life estate holder has to have the consent of the remainderman. So, if a parent has a life estate and a child is the remainderman, the parent and the child have to consent to the sale of the property. If not, the property could not be sold. Sometimes in these situations, the parties can work it out to share in a percentage of the proceeds of a sale to obtain consent. Separately, the life estate holder does have the possibility to rent the premises and collect rent if so desired while maintaining the life estate. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Mar 09th, 2021 at 5:41 AM