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Can power of attorney sell house with life estate retained?

Me and my sister are both supposed to get the house my mother lives in when she passes. Years ago she told me she had an attorney set up a life estate in the house that would leave the house to me and my sister. My mom also told me that I shouldn't worry about my sister being power of attorney because half the house would be mine. But now my mom is a little confused and my sister is controlling all her money. My sister and I don't get along and she recently told me there is no estate for me to worry about. I don't care about the money and accounts because I'm pretty sure there wasn't that much money. But can my sister do something with the power of attorney to get my half of the house? Thank you.

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Assuming that the life estate was set up properly (and that your mom included you in the paperwork), you and your sister are 'remaindermen' and have a legally recognized interest in the property.  The house cannot be sold without the consent of all of the remaindermen, including you.  It is possible (though not common), that the documents may include a power of appointment, allowing your mother (and perhaps her POA) to change her mind (or at least change the remaindermen).  Because of that, or if you think your sister is not behaving properly toward your mother or her assets, you can also have a MA estate planning and probate attorney look into the matter and, possibly, talk to you about establishing a guardianship or conservatorship for your mom.  Good luck. 



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