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  1. #1

    Default POA Rights in Life Estate

    My question involves estate proceedings in the state of: Ohio
    My father and I are involved together in a life estate. He occupant and myself remaindersman. The term of the estate is until his death. My father has gone into a nursing home due to poor health and will not be coming back. My brother has a POA over my father(legal, financial, and medical) and has said that he is willing to sign papers stating that my father no longer lives at the house and never will again.
    now what do I do?
    thank 21stschizoidman

  2. #2

    Default Re: POA Rights in Life Estate

    If he dies and has received Medicaid, they may have a claim against the property. The only sure way to handle it is to have an accountant help you with determining the fair market value of the life estate and purchase it from him. The FRM would be based on how long a person of his age is expected to live and the rental value. Having an opinion from an accountant will protect if if there are ever any questions.

    By purchasing the life estate you will then have fee simple and can transfer the property.

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