QUESTION

Life estate deed holder (but does not own property) no longer at residence, partition house now without their signature?

Asked on Nov 02nd, 2017 on Estate Litigation - New York
More details to this question:
Initially, 3 joint tenants on deed. One sells their share/interest to other joint tenant for life estate deed. Life estate holder no longer has any shares/interest of said property. Life estate holder moves out never to return (nursing home). If the last 2 remaining joint tenants want to partition house do we need the life estate holder to sign off even if they don't own or live at the property anymore? Several attorneys have given me different responses. One says that the life estate deed holder needs to be served while another says no because they don't own said property. I'm confused because I'm trying to make up my mind on who I should choose to continue with.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
There is no debate on this.  Life estate means life.  If she is alive but in a nursing home, she still owns the life estate.
Answered on Nov 03rd, 2017 at 11:18 AM

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