Whether to sell it or not is a question of what is better for your mom, not what any of five daughters wants. It sounds like you're right, if mom will never move back there then it makes no sense to keep the house. What you should do is get a lawyer to help you petition for Conservatorship over your mother's finances. Conservatorship will "trump" the power of attorney. The conservator will be able to sell the house (I certainly hope your mother didn't do something crazy like deed the house to the five of you). She did, didn't she? You said she has a life estate; so she must have deeded the house to the five of you, retaining a life estate. Big mistake, huh? Please tell all your friends that was a really bad idea. I have no idea how this thing of giving away the house became so popular, I've never seen it work well. If I were you, I would deed my share of the house to my three "good" sisters and walk away. Spend time with Mom in the nursing home. Don't let your last memories of Mom be of a bitter court battle that cost you thousands of dollars. Why would you all be paying bills for your mooch sister? Why? Just don't do it. Pay for insurance on the home, and just don't pay anything else. See how long mooch can live without water and power. My actual answer? See a lawyer about the partition. I'm frankly not sure how the partition would work with your mother's life estate in the mix. Carefully add up what the lawyer says this will cost you; in estimating cost, do NOT assume that bad sister will have to eat the attorney fees. If the house is not worth much, you may end up back at the "walk away" option. Then, see a lawyer about your estate plan. Don't do this to your children.
Answered on Nov 08th, 2013 at 4:16 PM