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Can my mom sell my house?

 
 
Reply Thu 1 May, 2008 01:17 pm
I am from the state of Maine, where I lived with my mom until I decided to move to Houston, Texas for school. I've been here for about 6 months. About 7 or 8 months ago my uncle, my mother's only brother, passed away. In his will he left his house to me, but in the state of Maine, you have to be 24 to have your name on the deed or whatever and I am only 23. So I guess my mom takes it and holds on to it or something until I am 24. I will be 24 this coming January. I plan on moving back home and moving into the house in December. But now my mom is saying she wants to sell it. Can she legally sell a house that was left to me if she's just holding on to it until I turn 24? Please help, I will have nowhere to go if she sells it, and I feel that it legally belongs to me.
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Type: Discussion • Score: 3 • Views: 2,098 • Replies: 5
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DrewDad
 
  1  
Reply Thu 1 May, 2008 01:31 pm
IMO you should consult a lawyer. It's usually pretty cheap for an initial consultation.
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joefromchicago
 
  1  
Reply Thu 1 May, 2008 04:18 pm
You still have an ownership interest in the house, so your mom shouldn't be able to sell it without your consent -- unless there were some shenanigans going on with the deed or the will. I'm not sure how Maine does things, but if you couldn't take legal ownership of the house until you turned 24, then I think the court should have appointed a guardian or trustee to hold the title until you reached that age. Maybe that's what happened with your mom. Anyway, your mom isn't the owner, even if her name is on the deed.

You need to consult with a lawyer who is familiar with trusts and estates so that you can protect your rights.
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Debra Law
 
  1  
Reply Sat 24 May, 2008 01:31 pm
Re: Can my mom sell my house?
britneyokeefe wrote:
I am from the state of Maine, where I lived with my mom until I decided to move to Houston, Texas for school. I've been here for about 6 months. About 7 or 8 months ago my uncle, my mother's only brother, passed away. In his will he left his house to me, but in the state of Maine, you have to be 24 to have your name on the deed or whatever and I am only 23. So I guess my mom takes it and holds on to it or something until I am 24. I will be 24 this coming January. I plan on moving back home and moving into the house in December. But now my mom is saying she wants to sell it. Can she legally sell a house that was left to me if she's just holding on to it until I turn 24? Please help, I will have nowhere to go if she sells it, and I feel that it legally belongs to me.


Britneyokeefe: I cannot find any legal authority to substantiate your statement that persons under the age of 24, in the State of Maine, cannot own real property in their own names. You're a legal adult at the age of 18, for crying out loud!

Here is the link to MAINE UNIFORM TRANSFERS TO MINORS ACT:

http://janus.state.me.us/legis/statutes/33/title33ch32sec0.html

You claim that your mother is acting as a "custodian" of the property on your behalf. However, Maine statutory law requires a custodian to transfer the property to the minor upon the minor's attainment of the age of majority--which is 18 years of age--unless your uncle provided in his will that the transfer shall not occur until the minor attains a later age, not to exceed 21 years of age.

http://janus.state.me.us/legis/statutes/33/title33sec1671.html

I am speculating that you were a minor when your uncle executed his will. However, you were not a minor when he died and you're definitely over the age of 21. Accordingly, any provision in your uncle's will--if such a provision exists--that appointed your mother as the custodian of the property on your behalf until you reach the age of 24 does not comport with statutory law. It appears, because you are over the age of 21, no valid custodianship was ever effectuated pursuant to the terms of your uncle's will as a matter of state statutory law and your mother CANNOT sell the house that you inherited from your uncle.

As others have recommended, if you have not yet received a personal representative's deed of distribution granting the house to YOU--in YOUR NAME--you should immediately consult with an attorney in the State of Maine for the purpose of securing your inheritance on your behalf.
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sullyfish6
 
  1  
Reply Tue 5 Aug, 2008 03:20 pm
However, if Mother is your guardian, she CAN sell the property.

There also may be leins or second mortgages on the house that need to be paid. How was your schooling paid for?

Who knows??

Get to a lawyer, ASAP.
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Thomas Nivada
 
  -2  
Reply Mon 29 Apr, 2013 03:28 am
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