4 years ago in 2012 my aunt died and bequeathed her property to me and my brother. in her will she gives our father Life Estates on the property until he shell live and to pay fees and taxes maintenance of the house. He did not want to use this right.
We with my brother got a line of credit loan with Hancock bank. My brother withdrew the money. We with my wife got tired to pay all the taxes and maintenance the house. We ask my brother we to sell the house and to cover the lone, but he and my father tell me that because of the my ant will we can't sell the house until my father is alive.
I don't have document that he gave his life estates.
My brother was executor of my aunt will. On the deed of the house are only my and my brother's names.
My brother set up the lone, too.
The facts as you described are a bit vague. Notwithstanding, if your father retained a life estate interest pursuant to proper testamentary formalities, then as long as he lives, he has an attachment to the property and his signature is required to effectuate the sale of same. I suggest you obtain a copy of the will containing the specific bequeath language/verbiage and life estate designation.. and consult a local real estate attorney so that an interpretation of same can be properly conveyed. A probate attorney may be a more viable option; in essence, the attorney (if any) who prepared the will should be consulted on the manner. Good luck to you.
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If your father was granted a life estate, his interest in the properly is valid until he: (1) dies, or (2) deeds his interest in the life estate.
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I believe your father could offer a quit claim or an assignment on the life estate to you and your brother to make the property marketable. It sounds like he may be willing to do so. If that's the case then I'd start there. You probably are going to have to contact a real estate attorney to get everything squared away but if your father is on board with waiving the life estate, it will make things fairly straight forward.
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