[BarbO]

I have a quit claim deed with life estate for my mother. House and 3 acres land was originally my Mother's - she quit claim deeded to me with herself a life estate after being very ill having open heart surg. She had an auto accident ruled her fault; turned left at intersection top of hill on green light but on-coming car hit her passenger front. He's now suing for in excess of what her auto insurance covers (due to a later diagnosed back injury). Amt $150,000. She lives on social security check and monthly food stamps-I pay for her car, house taxes/homeowners insurance and most utilities monthly since step-father's death in 98. Can house be considered my mother's assets in law suit - can they take her home? It is deeded to me with her having life estate! Please advise! Thank you. DESPERATELY BARBARA

[aaron]

How long before the accident was the quitclaim deed recorded?

[BarbO]

Accident occurred in June 04. The house was deeded to me after Mom became very ill with diabetes and open heart surg; she deeded to me in Apr 05 with her having life estate. There's was no intent to get house out of her name after having an auto accident or else we would have done that sooner. She knew she had State Farm insurance that would cover any claim if needed. But never expected the insurance wasn't enough. Thanks for your and anyone elses' reply. Appreciate it! Still need to know whose asset is the house; mine or her's?

[Mr. Knowitall]

If she knew of the lawsuit at the time the quitclaim was issued, and she doesn't have other assets to cover any excess liability, it is conceivable that the plaintiff could reach the house. Worse, because she quitclaimed the house to you, she may have lost any homestead exemption from collection. So hope the case settles for policy limits, and the transfer isn't challenged.

[BarbO]

Thanks Mr Knowitall for your input! Mom deeded the house w/ 3 acres before receiving statement about a lawsuit. Deeded in Apr 05 and found out about lawsuit in Jul 05 about one year after auto accident happened. Do you know if Tennessee has law about homestead exemption? She has no other assets - I've been paying for almost everything-insurances, house taxes/car insurance (HA! apparently not enough coverage)repairs to house, furniture she has, frig, stove, sewer repairs, etc... Seems like the lawsuit couldn't touch the house since it is supposedly mine per quit claim deed. She just has life estate till death-she can't sell or give it to someone else unless I sign, right? Guess I need attorney soon? I'm in California and accident happened in Tennessee 50 miles where Mom lives. Thanks again. Could she possibly tie house up in a mortgage loan? Or should I borrow against house and tie it up to keep it? She's got to have place to live!

[lwpat]

You need to talk to someone about the government assistance that may be available for your mother. I would also keep up with all of your expenses and have your mother sign a note for them. If necessary, she can file for bankruptcy if there is a judgement entered on the lawsuit. Once they know she has no assets they will probably settle for the insurance limits.

The deed is likely to effect her ability to apply for SS, etc. Talk to an elder care attorney. Usually you can get a consultation for around 200.00 and this could save you a lot down the road. If you can't find one in your area, send me a private email and I can give you some names.

[ajaynejr]

But would the creditor (the injured party) be able to sue to take the life estate itself (possession and enjoyment of the property) as an (intangible?) asset with value?

[gigirle]

But would the creditor (the injured party) be able to sue to take the life estate itself (possession and enjoyment of the property) as an (intangible?) asset with value?

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