Can my mom sell my house?

IMO you should consult a lawyer. It's usually pretty cheap for an initial consultation.

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.

Re: Can my mom sell my house?


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.

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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