Mom's deed has a life estate on it. Can she still sell the house?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
Yes — but not alone. A life estate splits ownership in two. Mom holds the right to live in the house for life; the remainder owners — often the children, named on a deed signed years ago — hold what comes after. Selling the whole house takes every signature, hers and theirs. Title companies check this closely, which is why estate-planned homes sometimes hit closing delays nobody saw coming.
On stage The 60-second answer
Captions on · Transcript below
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The longer answer
The proceeds typically divide between Mom and the remainder owners based on standard actuarial tables, and each side's share can carry its own tax consequences. Whether to sell now, wait, or unwind the life estate first is a question for the attorney who set it up — or an elder-law attorney if that person has retired. I'm not a lawyer, and this isn't legal advice.
Bring me the deed early. I'll flag the title work before it costs you a buyer. Just call.
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