My parents quit claimed their house and cabin to me and my sister five years ago. (rights of surviviorship and life estate.) My dad died and we are selling the house. My mom has mild dementia and my sister is her POA. Can my mom and sister sell the cabin without my consent? All properties and people involved live in Wisconsin.
If you are on the deed they can't sell without your consent or a court order.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Agreed. They cannot quitclaim when an owner of the home protests the sale.
If you would like to come in and discuss, I would be happy to do so.
Estate Planning Attorney
I do not agree with the other two attorneys. Each of you hold an interest in the eal estate, and each are entitled to transfer heir interest, so my preliminary opinion is that each is permitted to sell their interest in the property. The other side of the coin, however, is would their be a buyer?
For example if your mother has a lif esate, that interest might only run for short time or may be a long time, and who how would a buyer determine what to pay (maybe would pay something but how much. and would that essentially practically preclude sale, even thoughlegally a sale may be made?
If your sister and you have a remainder interest (all except the life estate) and you two own with rights of survivorship, a conveyance by one of you may or may not terminate te rights of surviviorship? So even if your sister is gravely ill and you think you might be able to recieve her interest by right of survivorship, that belief may be terminated if your sister sells. Similar you may or may not be able to deed to terminate the survivorship to your sister at your death, ad distribute to someone else by Will, TOD Deed. et al.
Now if your sister acts for she and your mother using the POA, and sold, the only interest sold would be subjct to your interest in the property. After your mother dies you would be a co-owner of the present interest - that could be sold thorugh a partition action, I would think that if you do not desire to sell now, that they, one or both, could similarly pursue a petition, have the property sold, and the proceeds divided by the court so you are paid the value of your interest while mom/is recieve the rest. Accrdingly I don't think you can roadblock entirely, although you certainly would need to be contended with and that would increase cost for everyone.
The real issue hear is there is a disute among the owners. My advise is to determine what the ohrs desire. Maybe mom'sdimentia means she needs money for assistance and sale is the only option? Maybe your sister doesn't realize that as long as it is you mother's home, there is a smaller indollar amount of lien for recoupment, and that line may evaproate at your mother's death because her interest ends at her death with a life estae? Maybe your sister doesn't realize that if sold and now cash, there will be a greater dollar amount contribution required. Sometimes the best approach is to try to find out exactly what is trying to be accomplished, and then assure that what is desired is accomplishable, and anaylze how you might be able to accomodate. For example if yu desire to buy the property maybe you can work that out throuh favorabe sale terms (maybe you can't but trying would likely be cheaper than litigation, loss of family relations, etc - sometimes when consideration is giveto what everyone will spend on attorneys and court if push comes to shove, all could take a little less and resolve, actually with everyon gettig more than i merely say "no"and fight in court.
Just my thoughts. Hope they help.