Can a life estate holder list a condo for sale with executor approval in KY?

Question

I'm handling a situation involving a condo in Kentucky. My stepdad passed away and left my mother a life estate in the condo they lived in. He has three living children, two of whom are co-executors. All parties agreed to sell the condo, and my mother handed over the keys in October last year. However, the property sits empty without any work being done, and it's no longer listed for sale. Meanwhile, my mother is still paying approximately $1,000 a month for condo fees, utilities, and taxes despite not living there. The will doesn't specify that an executor must list the property. Since the co-executors agree on selling, can my mother list the condo for sale, given her life estate grants her over 50% control?

Timothy Denison · Answer

If everyone agrees and signs the listing, yes.  Otherwise, you will need court approval to sell the property.

James L. Arrasmith · Answer

In Kentucky, a life estate gives your mother the legal right to live in and use the condo for the rest of her life, but it does not give her the right to sell the full property on her own. The remainder interest belongs to the heirs—your stepdad’s children—so selling the condo requires the agreement and signatures of both your mother and the remaindermen. Since all parties have already agreed to sell, that’s a major hurdle already resolved. 
 
However, your mother, as the life tenant, can’t unilaterally list the condo for sale unless everyone involved—including the co-executors and the heirs—formally authorize her to act on their behalf. If the will doesn’t restrict who can initiate the sale, and the co-executors support it, then it may be possible to move forward more quickly with a written agreement among all parties giving her permission to handle the listing process. That said, title transfer still requires everyone’s signature at closing. 
 
It’s not fair that your mother is bearing the costs of a property she no longer uses, especially with everyone in agreement to sell. This delay is unnecessary, and it may be time for a serious conversation among the parties about getting the property relisted. Putting the agreement in writing and appointing her—or a realtor she trusts—to list the home could help avoid more financial strain and finally move the sale forward.

Q: Can a life estate holder list a condo for sale with executor approval in KY?