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  1. #1
    Join Date
    Apr 2009
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    4

    Exclamation Mom Wants to Revoke Life Estate

    My question involves real estate located in the State of: Ohio

    Hi, I've held title in home for over 20 years with Mom having life estate. She moved out of house a few months ago to a senior living. I live in the house. Through family conflict, she is now wanting to revoke the life estate. She has gone to an attorney and drawn up papers, and called today to ask me to sign them. I have lived in house over 20 years - done all maintenance, built new garage, furnace, windows... All upkeep, paid all bills (except property tax and house insurance). I live here now, and don't want to lose everything I have done over years. She says she wants to do this because she might want to move back, and I told her she has that right always, but now says she doesn't trust me (due to family conflicts). I don't want to give this up, or if I do, can I put a lien on house for what I put into it? Or work with atty to get something? Why should I walk away from all I've done all these YEARS? She is 80 years old, and I have taken care of her all this time in the house. Thanks. Desparate.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    74,906

    Default Re: Mom Wants to Revoke Life Estate

    You don't have to convey the house back to her unless you want to. But keep in mind, there are possible consequences if you do not - for example, if she has an exclusive right of possession she could kick you out, or she could change the other provisions of her estate plan to your disadvantage.

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Mom Wants to Revoke Life Estate

    Thank you for reply. What is right of possession? Any examples of changes to her estate plan?

    I have the title, it's a quit claim deed. If I have to, because she is acting wierd about this, I would move out, but would want to retain my ownership.
    She is responsible for all bills, taxes, upkeep, and everything, correct?

    I don't want to move, I have a lifetime of my belongings and necessary work related items there, but if I do, I am not responsible for anything am I? I mean, she can't let the house go to waste (as many foreclosed homes get neglected), can she?

    And if I decide to relinquish this to her, can I put a lien on it for what I put in and added to its value? Sorry to ask another question, but I've been blindsided.

    Thanks.

    Sorry again... (I think I"m in shock here) If I refuse to sign, and she then says she's moving back, I understand she can - I accept that. But if she says she is having someone move in (family, whoever) I am entitled to a reasonable amount of time to get me and my belongings out, right? It's 40 years of my stuff.

    And... because this is where I dwell and it's all my belongings now, can I keep her and anyone else out of the house until I move out? I don't want her or anyone just coming in at will and walking around.
    Thanks again.

  4. #4
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Mom Wants to Revoke Life Estate

    Hello? I was wondering if anyone could answer any last questions?

  5. #5
    Join Date
    Jan 2006
    Posts
    27,831

    Default Re: Mom Wants to Revoke Life Estate

    you will have to explain something first.

    I've held title in home for over 20 years with Mom having life estate. She moved out of house a few months ago to a senior living. I live in the house. Through family conflict, she is now wanting to revoke the life estate.
    How is she supposedly intending on revoking a life estate that is apparently hers to begin with. She could release such but she could not revoke it.


    And if I decide to relinquish this to her, can I put a lien on it for what I put in and added to its value? Sorry to ask another question, but I've been blindsided.
    No. You said you lived there. Have you paid anything to live there? After all, mom could actually charge you rent to live there.

    anyway, it is your house. Mom can't change that. She has the right to live there or keep the income from renting it or selling her life estate.

    . But if she says she is having someone move in (family, whoever) I am entitled to a reasonable amount of time to get me and my belongings out, right? It's 40 years of my stuff.
    I haven't checked for your state but as a tenant (which you are) most states have at least a 30 day notice requirement.

    And... because this is where I dwell and it's all my belongings now, can I keep her and anyone else out of the house until I move out?
    No. For all practical purposes, it is her house until she dies. Then it is all yours. She can come and go as she wishes and allow whomever she wants to stay there unless you have some lease not allowing such.

    I don't want her or anyone just coming in at will and walking around.
    Well, not much you can do about that.

  6. #6
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Mom Wants to Revoke Life Estate

    Ouch to alot of that I guess. Thanks anyways.
    Like the disclaimer at the bottom. You are not a lawyer, what do you do for a living? Just curious.

  7. #7
    Join Date
    Jan 2006
    Posts
    27,831

    Default Re: Mom Wants to Revoke Life Estate

    and why would you ask?

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