I am in a living will about a house. My grandfather died a year ago, so the house went to my uncle and after he dies I get the house. As of now my uncle and his family are having problems paying for the house and are looking to sell or trade the house for a smaller house. Can he legally sell the house when I am the next person to have the house after he dies? Without any say from me.....?
2 Answers from Attorneys
If your name is on the recorded deed at the present time as the remainder (ultimate) owner, then he cannot sell without your signature. If your name is not on the recorded deed and the house is owned by a trust created by your grandfather, then he may be able to sell the house and have the proceeds invested in a smaller house without your signature (depends on powers given to Trustee). You need to find out how the house is titled by going to the Cuyahoga County Auditor's and Cuyahoga County Recorder's websites.
A house cannot be in a "living will" because the purpose of a Living Will Declaration is to document your wish that life sustaining treatment, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state. The house is most likely in a revocable living trust or a last will and testament. In either case, the trust or will document must be evaluated to give you a proper answer. There should be provisions in those documents that pertains to what your uncle is allowed to do with the home and what you are entitled to as a beneficiary. If you would like assistance with this matter, please contact my office at http://www.socrateslegal.com .