Re: Mom Wants to Revoke Life Estate
you will have to explain something first.
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.
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.
No. You said you lived there. Have you paid anything to live there? After all, mom could actually charge you rent to live there.
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.
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.
I haven't checked for your state but as a tenant (which you are) most states have at least a 30 day notice requirement.
. 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.
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.
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?
Well, not much you can do about that.
I don't want her or anyone just coming in at will and walking around.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.